The Supreme Court has issued a notice on West Bengal's appeal against the Calcutta High Court ruling, which invalidated the classification of 77 communities as OBCs and annulled OBC certificates issued after 2010.
In Short:
- Supreme Court Notice: Issued on West Bengal's appeal against Calcutta High Court's decision.
- OBC Classification Quashed: 77 communities' OBC status and post-2010 certificates annulled.
- State's Affidavit: Required to detail the classification process and consultation with the backward classes commission.
- Arguments Presented:
- State's Position: Highlighted potential negative impacts on reservations and education.
- Respondent's Position: Argued lack of proper surveys and consultation.
- High Court's Judgment: Invalidated OBC classification process, affecting 5 lakh certificates.
- Future Hearing: Scheduled for next Friday.
The Supreme Court issued a notice today regarding a petition filed by the State of West Bengal. The petition challenges a recent Calcutta High Court judgment that nullified the classification of 77 communities as Other Backward Classes (OBC) and canceled all OBC certificates issued in West Bengal after 2010.
The bench, led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, has requested the state to submit an affidavit explaining the process followed for classifying these 77 communities as OBCs. This includes details on the survey conducted and whether there was a lack of consultation with the backward classes commission.
Senior Advocate Indira Jaising, representing the state, argued that the high court's decision undermines the state's executive powers. She highlighted the adverse effects of nullifying the reservation list, especially on educational reservations like NEET.
On the other hand, Senior Advocate Mukul Rohatgi contended that there was no survey to support the classification, as noted by the high court. The Supreme Court acknowledged that annulling the list would eliminate reservations in the state, and sought clarity on why the high court labeled the classification a "fraud on the Constitution."
The Supreme Court has scheduled the next hearing for the following Friday. The Calcutta High Court's earlier judgment, delivered on May 22, stated that individuals who gained employment under the reservation act and are already in service would not be affected by this order. The high court criticized the classification process for lacking proper consultation and transparency.
In summary, the Supreme Court's intervention is crucial as it addresses the legality and process of OBC classification in West Bengal, impacting numerous communities and the broader reservation system.