Terming it as “prima facie erroneous”, the Supreme Court on Monday vacated the Calcutta High Court’s order staying the implementation of a revised list of Other Backward Classes (OBCs) notified by the West Bengal Government.“This is surprising… How can the high court stay it like this? Reservation is part of the Executive functions. This is the settled law right from Indira Sawhney (Mandal verdict of 1992). The position is that the Executive can do it. Executive instructions are enough for providing reservations and legislation is not necessary… What is the high court’s reasoning?” a three-judge Bench led by Chief Justice of India BR Gavai said.The high court had on June 17 stayed notifications issued by the West Bengal Government with regard to reservations to 140 sub-sections under OBC-A (49 sub-sections) and OBC-B (91 sub-sections) categories. It had also directed that all consequential acts shall remain stayed till July 31.The top court’s order came after senior counsel Kapil Sibal, representing the state government, submitted that the high court’s stay order has led to stalling of several appointments and promotions and contempt petitions have also been filed in the high court.On behalf of the respondents, senior advocate Ranjit Kumar and Guru Krishnakumar pointed out that even the law required the legislature to approve the OBC list and that it was drawn up without any data to back it up.“Prima facie, the high court order seems to be erroneous…the (OBC) Commission has followed some methodology. It may be correct or not correct… that will be decided by the high court finally,” the Bench said, staying the high court’s order. It also issued notice on the state government’s petition.This is the second round of litigation on the issue. Earlier, the Calcutta High Court had in May 2024 quashed the status of several classes for reservation as OBC given under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. “Religion indeed appears to have been the sole criterion” for declaring these communities as OBCs, the high court had said.The West Bengal Government’s challenge to the May 2024 HC order is already pending before the Supreme Court which on August 5, 2024 issued notices to those who had challenged before the Calcutta High Court the inclusion of 77 castes, mostly Muslims, in the Other Backward Classes (OBC) list. The top court had also asked the West Bengal Government to furnish quantifiable data on social, economic backwardness and inadequacy of representation in public employment of the castes included by it in the OBC list for extending reservation benefits.The new OBC list was prepared by the West Bengal government after the high court’s May 2024 order and the high court had on June 17 stayed it.
SC vacates Calcutta HC stay on Bengal OBC list
