OBC certificate cancelled: Calcutta HC cancels all OBC certificates issued in Bengal after 2010
Photo: Calcutta High Court website
The Calcutta High Court has declared invalid all Other Backward Class (OBC) certificates issued in West Bengal after 2010.
It delisted several classes as OBC under a 2012 law of West Bengal for reservation of vacancies in services and posts in the state, finding them illegal. The ruling has direct implications for certificates issued during the tenure of the Trinamool Congress government led by Mamata Banerjee since 2011.
A two-judge panel, including Justice Tapabrata Chakraborty and Rajasekhar Mantha, delivered the verdict in a public interest litigation (PIL) challenging the methodology for issuance of OBC certificates in West Bengal.
The court ruled that the executive orders classifying 42 classes, issued by the state from March 5, 2010 to May 11, 2012, were also annulled with future effect, given the illegality of the reports recommending such classification.
The court also clarified that the services of citizens of the affected classes, who are already employed or have availed the benefit of reservation or who have succeeded in a state selection process, will not be affected by the order.
The bench said the opinion and advice of the Backward Classes Commission is normally binding on the state legislature under the National Commission for Backward Classes Act, 1993.
It has directed the state’s Backward Classes Welfare Department to consult the Commission in preparing a report to be submitted to the legislature, with recommendations for inclusion of new classes or exclusion of remaining classes from the OBC list of the state.
Mamata Banerjee slams verdict
Chief Minister Mamata Banerjee refuted the court’s decision and termed it a conspiracy orchestrated by the Bharatiya Janata Party (BJP). Expressing her dissent, she said, “The OBC reservation quota introduced by the West Bengal government will continue. We had drafted the bill after conducting a door-to-door survey, and it was passed by the Cabinet and the Assembly.”
Banerjee further accused the BJP of using central agencies to hamper the implementation of the state’s OBC reservation policy. “How can the saffron party show so much courage?” she asked.
(With input from the agency)
First print: May 22, 2024 | 7:29 PM IST