SC Directs West Bengal To Explain How It Classified 77 Communities As OBCs
The Supreme Court issued notice to the West Bengal government directing to it to place quantifiable data on social and economic backwardness and the inadequate representation in public sector jobs
The Supreme Court on Monday issued notice to the West Bengal government directing to it to place quantifiable data on social and economic backwardness and the inadequate representation in public sector jobs of the castes that were included by it in the Other Backward Classes (OBCs) list for granting quota benefits.
The top court also issued notices petitioners who had moved Calcutta High Court against the inclusion of 77 castes, mostly Muslims, in the OBC list.
A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra heard the appeal filed by the West Bengal government
In May, the Calcutta High Court struck down the OBC status of 77 classes added to the OBC list by West Bengal government since 2010.
The West bengal government moved the top court against this high court order.
In today's hearing, the West Bengal government hit out at the Calcutta High Court for its critical remarks against the State government while delivering the verdict. The counsel appearing for the Bengal government said that it appears that the high court is trying to run the government.
The top court today directed that West Bengal government to file an affidavit explaining the process followed for classification of 77 communities as OBCs. It further asked the government to explain the nature of survey carried out; and whether there was a lack of consultation with the Commission (state backward panel) in respect of any communities in the list of 77 communities designated as OBCs; and whether any consultation was done by the state for the sub-classification of the OBCs.
The high court held that the Commission and State acted in undue haste and with lightning speed in making recommendations for the classification of the 77 classes to make the public announcement made in an 2010 election rally by the Chief Minister Mamata Banerjee a reality.
The high court while cancelling the OBC certificates issued to 77 communities barred the state from appointing people from these communities with immediate effect. However, the high court said that those appointed so far on the basis of OBC certificates to service of state or are in the process of being appointed will not be impacted by this verdict.
The high court noted that the West Bengal government in its affidavit has admitted that, as many as 3 classes-Mahaldar, Kan, and Abdal, have been heard on the same date. 8 Classes are recommended on the 1st of April 2010. 7 Classes on the 6th of April 2010. 7 Classes on the 17th of June 2010. 5 Classes on the 26th of July 2010.
"It is not humanly possible for the members of the Commission to consider all material collected and analyse the data, look into proceedings of hearings, assess the evidence on record, and recommend the inclusion of so many classes in one day," the high court said.
The high court further found that there is a set of classes who once belonged to the Hindu religion, and are stated to have been converted to Islam and have been given OBC status. The high court noted that the Commission does not advertise the question of why such classes converted. It further said that as to when and whether such conversion was done for getting reservation in the State services has not been considered by the Commission.
The high court noted that there are serious doubts on the bona fides of the surveys and the recommendation of the Commission.
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