SC to Hear Bengal Government’s Appeal Against HC OBC Ruling This Month

Er Mukesh Singh

The West Bengal government filed an appeal against the high court order in May that said the 77 communities were included on the OBC list on religious grounds for political gains

The Supreme Court on Tuesday announced it would hear the West Bengal government’s appeal this month against the Calcutta High Court’s ruling that struck down the inclusion of 77 communities, predominantly Muslims, in the Other Backward Classes (OBC) list for job and education reservations.

The Calcutta High Court had previously ruled in May that the inclusion of these communities in the OBC list was done on religious grounds for political gain, which led to the West Bengal government filing an appeal against the decision. The state government argued that the inclusion of these communities was justified, as it was aimed at providing them with social and economic benefits.

The Supreme Court has assured that it will deliver a decision on the matter before the new academic session begins, indicating that the issue will be resolved promptly to avoid any disruptions in the educational and employment opportunities for the affected communities.

This case has sparked significant debate in West Bengal, with supporters of the state government claiming that the move was in line with efforts to uplift marginalized sections of society, while critics view it as a political maneuver to gain votes. The outcome of the Supreme Court’s hearing is eagerly awaited, as it will have a significant impact on the reservation policy and the welfare of the communities involved.

The Supreme Court, on Tuesday, assured that it would make a decision on the West Bengal government’s appeal against the Calcutta High Court’s order before the new academic session begins. Justices Bhushan R. Gavai and Augustine George Masih stated that the matter would be heard on January 28 and 29, and a ruling would be given prior to the commencement of the academic year.

The West Bengal government has filed an appeal against the May ruling of the high court, which struck down the inclusion of 77 communities, mostly Muslims, on the OBC list for reservations in jobs and education. The high court had stated that these communities were added to the list on religious grounds, allegedly for political gain.

Senior advocate Kapil Sibal, representing the state, along with advocate Astha Sharma, requested interim directions, as admissions for students belonging to these 77 communities had been delayed. The state argued that these communities were already included in the central OBC list and in neighboring states.

In August, the Supreme Court had issued a notice on the state’s appeal and granted time to the West Bengal government to present the basis for extending the OBC reservation to these 77 communities. The state further argued that the high court order had invalidated caste certificates issued since 2010, although the high court specifically protected those who had obtained jobs based on such certificates.

The outcome of this case will determine the fate of the reservation policy for these communities and could have significant implications for their access to education and employment opportunities.

The Supreme Court has emphasized the need for an elaborate hearing on the West Bengal government’s appeal, stating that even a temporary stay on the Calcutta High Court’s order would require careful consideration. The petitioners who had approached the high court have opposed the appeal, further complicating the case.

In its ruling, the high court had stated that the identification of 77 communities as Other Backward Classes (OBCs) for electoral gain would leave them vulnerable to political manipulation, undermining their rights. It added that such reservation, based on religious grounds, could violate the principles of democracy and the Constitution of India, potentially harming other communities who are also entitled to the benefits of reservation.

The Supreme Court’s decision on whether to stay the high court’s order or uphold it will have far-reaching consequences for both the affected communities and the broader reservation policy in the state. The hearing scheduled for January 28 and 29 is crucial for determining the future of OBC reservation in West Bengal and its potential impact on national governance.

West Bengal provides a 17% reservation to Other Backward Classes (OBCs) in both admissions to educational institutions and government jobs. This policy is aimed at ensuring equal opportunities for OBC communities in accessing education and employment. However, the recent controversy surrounding the inclusion of 77 communities in the OBC list has raised legal and political challenges, leading to a Supreme Court hearing to resolve the issue.

COURTESY: India Today

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