NEW DELHI: The Supreme Court on Monday directed the West Bengal government to provide comprehensive data regarding the social and economic backwardness of the 77 castes included in the Other Backward Classes (OBC) list. The Court also sought details on the inadequate representation of these castes in public sector jobs.
The top court’s order came as it issued notices to the private litigants who challenged the inclusion of these 77 castes—predominantly Muslim communities—in the OBC list.These litigants had filed petitions with the Calcutta High Court, leading to a significant legal dispute.
On May 22, the Calcutta High Court struck down the OBC status of several castes that had been granted reservation benefits by the West Bengal government since 2010. The court deemed these reservations illegal, citing the use of improper criteria and inadequate procedural compliance.
The Supreme Court bench, comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, instructed the West Bengal government to submit an affidavit explaining the process followed for classifying these 77 communities as OBCs. The affidavit should include:
- Details of the survey: Information about the nature and scope of the survey conducted to determine the social and economic backwardness of the communities.
- Consultation with the backward classes commission: Whether there was any lack of consultation with the state’s Backward Classes Commission regarding the inclusion of these communities.Sub-classification consultations: Whether there was any consultation on the sub-classification of the OBCs.
- The Court also addressed the state government’s application seeking a stay on the high court’s verdict, directing that notices be issued on this matter as well.
The Calcutta HC had criticized the West Bengal government’s approach, suggesting that religion may have been the primary criterion for granting OBC status. The court noted that the designation of 77 Muslim communities as OBCs was perceived as an affront to the Muslim community as a whole.
The high court’s ruling invalidated the reservation granted to these castes from April to September 2010 and 37 additional castes were included under a 2012 law.