Calcutta High Court: Reversal of OBC Status for 37 Communities, OBC Certificates Revoked

The Calcutta High Court invalidated the classification of 37 communities as Other Backward Classes (OBC) under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

The case is Amal Chandra Das vs State of West Bengal.

Justices Tapabrata Chakraborty and Rajasekhar Mantha annulled the OBC certificates issued under the Act, clarifying that existing benefits or jobs obtained under the Act remain unaffected. The Court struck down section 16 of the Act, which allowed the State Executive to amend any schedule, thereby eliminating the 37 classes included under this provision from schedule 1 of the Act.

The bench invalidated Executive Orders classifying certain communities as OBCs for public service reservations. Additionally, it directed the West Bengal Backward Class Welfare Department, in consultation with the State Backward Class Commission, to submit a report to the State legislature recommending the inclusion or exclusion of classes in the OBC list.

Notably, existing services or benefits availed by citizens from the 37 classes mentioned, including those in state service or who have benefited from reservations, remain unaffected by the ruling.

The court noted a significant absence of legislative policy guiding the 2012 scheme, emphasizing the need for the state to establish such a policy before delegating authority to classify any group as OBC. It mandated that if the state wishes to exercise discretion under Article 16(4) of the Constitution, it must present quantifiable data demonstrating the backwardness of the group and its underrepresentation in public employment.

Upholding the rule of law as essential for societal trust, the court referenced various Supreme Court decisions in support of its stance.

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