KOLKATA: The Calcutta High Court on Wednesday canceled the Other Backward Class (OBC) status granted to several sections of West Bengal since 2010 after it held that such reservation for vacancies in services and posts in the state was illegal.
“It appears that religion has in fact been the sole criterion for declaring these communities as OBCs,” the court said, adding, “It is of the view that the selection of 77 categories of Muslims as backward is an unfair treatment of the entire It is an insult to the Muslim community." Stating that the mind of this court is not free from doubt that "the Sai community (Muslims) has been treated as an object for political purposes," the bench said, "It is clear from the series of events that Which led to the classification of 77 classes and their inclusion as OBCs to be considered as vote banks.,
While ruling on petitions challenging the provisions of the state Reservation Act 2012 and the reservations granted in 2010, the court clarified that the services of citizens belonging to disadvantaged sections, who are already in service or have availed the benefit of reservation or Those successful in any selection process in the state will not be affected by the order. A lawyer representing the petitioners claimed that the number of persons listed under OBC in West Bengal after 2010 is likely to exceed five lakh.
Overall, the court canceled 77 categories of reservation granted between April 2010 and September 2010 and 37 categories created on the basis of the 2012 Act. The CPI(M)-led Left Front was in power in West Bengal until May 2011. and then the Trinamool Congress government assumed power. The court approved 37 categories for reservation as OBCs given under the West Bengal Backward Classes (Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 2012. Cancelled.While the court struck down 77 classes for the illegality of the report recommending such classification, another 37 classes were set aside due to non-consultation of the West Bengal Backward Classes Commission.
The bench also quashed an executive order dated May 11, 2012, which had created several sub-sections. The court said the directions would be applicable with prospective effect.
In the 211-page judgment, a division bench of Justices Tapabrata Chakraborty and Rajashekhar Mantha clarified that the state government's executive orders classifying 66 categories of OBCs before 2010 were not interfered with as these were not challenged in the petitions. .
The court also quashed an executive order of September 2010, by which the percentage of reservation for OBCs was increased from 7 percent to 17 percent, providing 10 percent reservation for Category A and 7 percent for Category B. I went. Grounds for not consulting the Commission: The bench said that the 10 per cent increase in the percentage of reservation was due to the subsequent inclusion of categories made since the year 2010, which were kept apart by it."Accordingly, it is held that 66 classes will get the benefit of 7 per cent reservation," the court directed.
The court also struck down Section 5(A) of the 2012 Act, which distributes the percentage of reservation to sub-classified classes at 10 per cent and 7 per cent. The court directed, "As a result, OBC-A and OBC- The sub-classified classes listed in two categories called B have been removed from Schedule I of the 2012 Act."
It said identifying sections in the Muslim community as OBCs for electoral gains would leave them at the mercy of the respective political establishments and could lead to their defeat and denial of other rights.
The court said, “Such reservation is an insult to democracy and also to the Constitution of India as a whole."Noting that the Constitution and decisions of the courts do not prohibit the identification process starting from religion, the court said, "However, what is prohibited is sole reliance on religion for the purpose of making provisions for reservation."
The bench said that the opinion and advice of the Backward Classes Commission is generally binding on the state legislature under the provisions of the West Bengal Backward Classes Commission Act, 1993.
The court directed the state Backward Classes Welfare Department to place a report before the legislature with recommendations for inclusion of new classes or exclusion of the remaining classes in the state list of OBCs in consultation with the Commission. Written by Justice Mantha Concurring with the judgment, Justice Chakraborty said, "The concept of equality of opportunity in public employment relates to an individual, whether that individual belongs to the general category or to the backward class."
“The society at large has a stake in the proper application of norms related to reservation,” he said.,
The bench rejected the state government's prayer to stay the order. The court said that the role of the West Bengal Backward Classes Commission is to collect material through survey or other means, hear the parties and make its decision to the state on the basis of objective criteria and materials. To give advice.
It said that the Commission's advice is generally binding on the State, unless the State disagrees with it. The bench said that the advice is for both the purposes of sub-classification of OBCs and determining the percentage of reservation for classes or sub-classes. Consultation with the Commission is mandatory.
“It appears that religion has in fact been the sole criterion for declaring these communities as OBCs,” the court said, adding, “It is of the view that the selection of 77 categories of Muslims as backward is an unfair treatment of the entire It is an insult to the Muslim community." Stating that the mind of this court is not free from doubt that "the Sai community (Muslims) has been treated as an object for political purposes," the bench said, "It is clear from the series of events that Which led to the classification of 77 classes and their inclusion as OBCs to be considered as vote banks.,
While ruling on petitions challenging the provisions of the state Reservation Act 2012 and the reservations granted in 2010, the court clarified that the services of citizens belonging to disadvantaged sections, who are already in service or have availed the benefit of reservation or Those successful in any selection process in the state will not be affected by the order. A lawyer representing the petitioners claimed that the number of persons listed under OBC in West Bengal after 2010 is likely to exceed five lakh.
Overall, the court canceled 77 categories of reservation granted between April 2010 and September 2010 and 37 categories created on the basis of the 2012 Act. The CPI(M)-led Left Front was in power in West Bengal until May 2011. and then the Trinamool Congress government assumed power. The court approved 37 categories for reservation as OBCs given under the West Bengal Backward Classes (Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 2012. Cancelled.While the court struck down 77 classes for the illegality of the report recommending such classification, another 37 classes were set aside due to non-consultation of the West Bengal Backward Classes Commission.
The bench also quashed an executive order dated May 11, 2012, which had created several sub-sections. The court said the directions would be applicable with prospective effect.
In the 211-page judgment, a division bench of Justices Tapabrata Chakraborty and Rajashekhar Mantha clarified that the state government's executive orders classifying 66 categories of OBCs before 2010 were not interfered with as these were not challenged in the petitions. .
The court also quashed an executive order of September 2010, by which the percentage of reservation for OBCs was increased from 7 percent to 17 percent, providing 10 percent reservation for Category A and 7 percent for Category B. I went. Grounds for not consulting the Commission: The bench said that the 10 per cent increase in the percentage of reservation was due to the subsequent inclusion of categories made since the year 2010, which were kept apart by it."Accordingly, it is held that 66 classes will get the benefit of 7 per cent reservation," the court directed.
The court also struck down Section 5(A) of the 2012 Act, which distributes the percentage of reservation to sub-classified classes at 10 per cent and 7 per cent. The court directed, "As a result, OBC-A and OBC- The sub-classified classes listed in two categories called B have been removed from Schedule I of the 2012 Act."
It said identifying sections in the Muslim community as OBCs for electoral gains would leave them at the mercy of the respective political establishments and could lead to their defeat and denial of other rights.
The court said, “Such reservation is an insult to democracy and also to the Constitution of India as a whole."Noting that the Constitution and decisions of the courts do not prohibit the identification process starting from religion, the court said, "However, what is prohibited is sole reliance on religion for the purpose of making provisions for reservation."
The bench said that the opinion and advice of the Backward Classes Commission is generally binding on the state legislature under the provisions of the West Bengal Backward Classes Commission Act, 1993.
The court directed the state Backward Classes Welfare Department to place a report before the legislature with recommendations for inclusion of new classes or exclusion of the remaining classes in the state list of OBCs in consultation with the Commission. Written by Justice Mantha Concurring with the judgment, Justice Chakraborty said, "The concept of equality of opportunity in public employment relates to an individual, whether that individual belongs to the general category or to the backward class."
“The society at large has a stake in the proper application of norms related to reservation,” he said.,
The bench rejected the state government's prayer to stay the order. The court said that the role of the West Bengal Backward Classes Commission is to collect material through survey or other means, hear the parties and make its decision to the state on the basis of objective criteria and materials. To give advice.
It said that the Commission's advice is generally binding on the State, unless the State disagrees with it. The bench said that the advice is for both the purposes of sub-classification of OBCs and determining the percentage of reservation for classes or sub-classes. Consultation with the Commission is mandatory.
