Calcutta HC Orders Cancellation Of OBC Certificates Issued After 2010 In West Bengal

The Calcutta High Court on Wednesday ordered the cancellation of Other Backward Class (OBC) certificates issued in the state after 2010. The court found that reservations granted under a 2012 Act for certain classes to vacancies in services and posts were illegal.

Chief Minister Mamata Banerjee reacted strongly to the court’s decision of Cancellation Of OBC Certificates, asserting that she would not accept the ruling. Addressing a rally in the Dumdum Lok Sabha constituency, Banerjee insisted that OBC reservations in the state would continue, emphasizing that the Bill was drafted following a comprehensive house-to-house survey and was passed by both the cabinet and the assembly.

The court, however, clarified that the order would not affect individuals from the struck-down classes who are already in service, have availed the reservation benefits, or have succeeded in any state selection process. This ensures that their services and benefits remain intact despite the ruling.

The division bench, comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha, specified that the executive orders issued by the state government classifying 66 classes of OBC before 2010 were not contested in the petitions and thus were not interfered with. However, the bench quashed the executive orders classifying 42 classes as OBCs between March 5, 2010, and May 11, 2012, due to the illegality of the reports recommending such classifications.

The bench highlighted that the opinion and advice of the Backward Classes Commission are typically binding on the state legislature under the National Commission for Backward Classes Act, 1993. It directed the state’s Backward Classes Welfare Department to consult with the Commission and present a report to the legislature with recommendations for including new classes or excluding remaining classes from the state list of OBCs.

Banerjee’s defiance of the court order signals a potential legal and political confrontation, as she maintains that the OBC reservation quota, established through constitutional means, will persist in West Bengal.