Calcutta High Court Strikes Down OBC Status for Classes in West Bengal

On Wednesday, the Calcutta High Court declared the OBC status of several classes in West Bengal granted since 2010 as illegal, sparking a political debate amidst the Lok Sabha elections. The court observed that the inclusion of 77 classes of Muslims in the list of backward categories was to "treat them as vote bank". West Bengal Chief Minister and TMC supremo Mamata Banerjee reacted sharply, asserting that she "will not accept" the order and will challenge it in a higher court. The BJP welcomed the court order, claiming it exposed the ploy of the "INDIA alliance parties to give reservation to Muslims under OBC sub-quota".A division bench comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha passed judgment on petitions challenging the provisions of the Act. They stated that the services of citizens of the struck-down classes, who are already in service or have availed the benefit of reservation or have succeeded in any selection process of the state, will not be affected by the order. The number of enlisted persons under OBC in West Bengal after 2010 is likely to be above five lakhs, according to one of the lawyers representing the petitioners.The CPIM-led Left Front was in power in West Bengal till May 2011, and thereafter, the Trinamool Congress government took over. The court scrapped several classes for reservation as Other Backward Classes (OBC) given under The West Bengal Backward Classes Other than Scheduled Castes and Scheduled Tribes Reservation of Vacancies in Services and Posts Act, 2012. The bench directed that the state's executive orders classifying several other classes as OBCs from March 5, 2010, to May 11, 2012, were also quashed due to the illegality of the reports recommending such classification.The court stated that religion appeared to be the sole criterion for declaring these communities as OBCs. It added that it is of the view that the selection of 77 classes of Muslims as backwards is an affront to the Muslim community as a whole. The bench maintained that this court's mind is not free from doubt that the said community (Muslims) has been treated as a commodity for political ends. This is clear from the chain of events that led to the classification of the 77 classes as OBCs and their inclusion to be treated as a vote bank.Setting aside a provision in the Act of 2012 for distributing percentage of reservation to sub-classified classes, the court said sub-classified classes listed in two categories, namely OBC-A and OBC-B, are struck down from schedule 1 of the Act of 2012. The court directed the Backward Classes Welfare Department of the state, in consultation with the Commission, to place a report before the legislature with recommendations for including new classes or excluding remaining classes in the state list of OBCs.Justice Chakraborty concurred with Justice Mantha's judgment and observed that "the concept of equality of opportunity in public employment concerns an individual, whether that individual belongs to general category or backward class."The verdict triggered a political slugfest with Banerjee hinting that the order was passed as per BJP's instructions amid elections and BJP claiming that it exposed INDIA alliance parties using reservation as a handle to serve their vote bank. Banerjee said at an election rally, "We will not accept Calcutta High Court order and will move to a higher court challenging it. The OBC reservation quota introduced by West Bengal government will continue. We had drafted Bill after conducting house-to-house survey, and it was passed by cabinet and assembly." She accused BJP of conspiring to stall OBC quota by using central agencies.Banerjee questioned how BJP could show such audacity when Prime Minister Narendra Modi alleged that opposition INDIA bloc if voted to power in Lok Sabha elections would scrap quotas for SC, ST and OBC people. She said minorities also have their rights and asked if anyone could say they would frame legislation only for Hindus' benefit while leaving out Muslims and other communities.BJP national president J P Nadda welcomed high court order stating it justifiably invalidated OBC certificates given out based on religion. He criticized Banerjee for her remarks against court order and wondered what kind of chief minister Bengal has who has no respect for Constitution. Senior BJP leader Amit Malviya posted on X saying Mamata Banerjee seems to have decided to precipitate a Constitutional crisis after being stung by Calcutta High Court's order scrapping Muslim reservation under OBC sub-quota.