SC Seeks Quantifiable Data On WB’s Inclusion Of New Castes In OBC List

The Supreme Court on Monday asked the West Bengal government to provide detailed data on the social and economic backwardness of the newly added castes in the OBC list and their representation in public sector jobs.

This directive came while the court issued notices to private litigants concerning a state appeal against a Calcutta High Court decision. The High Court had previously struck down the OBC status of several castes, deeming their inclusion since 2010 illegal.

A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra also requested West Bengal to file an affidavit detailing the consultations held, if any, with the state’s backward classes panel before adding 37 castes, mainly Muslim groups, to the OBC list.

On May 22, the High Court ruled against the OBC status of certain castes, impacting their reservation in public sector jobs and state-run educational institutions. Senior advocate Indira Jaising, representing the state government, contested this verdict, suggesting judicial overreach. She argued, “Why is all this happening? Because these (castes) are Muslims?…We have reports after reports to show that all these communities have been considered. The Mandal Commission criteria have been followed. The State wants to run the state. But if the court wants to run it, then let them.”

The Supreme Court issued a notice, including on the state’s application for a stay of the judgment, and asked the state to clarify its survey methods and consultations for the classification of 77 communities as OBCs. The bench also sought information on any studies indicating the inadequate representation of these castes in government jobs.

Senior advocate Mukul Rohatgi opposed the state’s stance, calling the inclusion of these castes in the OBC list an “absolute fraud” and lacking a proper study. Advocate and MP Bansuri Swaraj, representing another party, argued that the inclusion of these castes before the assembly election was politically motivated, primarily targeting Muslim castes.

The bench questioned the state on the availability of quantifiable data showing the backwardness of these classes before their inclusion in the OBC list. Notices were issued to various parties who had moved the High Court against this inclusion.

The High Court, while nullifying the OBC status of several classes granted since 2010, stated, “Religion indeed appears to have been the sole criterion” for their classification as OBCs. It described the move as treating the Muslim community as a vote bank for political purposes.

The Supreme Court has given the West Bengal government until next Monday to file the necessary information, scheduling the next hearing for August 16.

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