Responding to a public interest litigation petition, the Calcutta High Court on 22 May 2024 delivered a significant setback to West Bengal’s Trinamool Congress (TMC) government by annulling around 500,000 Other Backward Classes (OBC) certificates issued under a 2012 Act.
Chief Minister Mamata Banerjee strongly opposed the ruling, declaring that OBC reservations would persist in the state. Banerjee speaking at election rally at Dumdum Lok Sabha constituency stated, “They got an order passed today but I don’t accept it. When 26,000 people lost their jobs because of the BJP, I had said that I would not accept it. Similarly, I am saying today, I do not accept the order. We won’t accept the BJP’s order. OBC reservation will continue. Imagine their audacity. This is a kalankit chapter in the country”
“The PM has been talking about how minorities will snatch away Tapashili reservation. How can this ever happen? It would lead to constitutional breakdown. Minorities can never touch the Tapashili or Adivasi reservation. But these mischievous people get their work done through agencies,” she said.
“This was passed by the Assembly, and there is a court verdict on the same. They are playing games ahead of elections with these things… Can the PM ever say that minorities will seize Tapashili reservation? He cannot. This is a constitutional guarantee. They are doing this just for votes.”, she further added.
Criticizing High Court judges, the TMC Supremo remarked, “One judge claims to be an RSS member, while another has joined the BJP… How can such individuals serve as judges and oversee court proceedings?”
Additionally, senior party leader and Ms. Banerjee’s nephew, Abhishek Banerjee, accused the court’s ruling of being part of the BJP’s agenda to revoke reservations for the Tapashili community.
A division bench comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha clarified that their order would not impact individuals who are currently employed, have successfully passed any state government selection processes, or have used the OBC certificates for reservation purposes.
The court invalidated the OBC certificates issued under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, declaring them illegal. The bench emphasized that the opinions and advice of the Backward Classes Commission are generally binding on the state legislature as per the National Commission for Backward Classes Act 1993. They instructed the state’s Backward Classes Welfare Department to consult with the commission and submit a report to the legislature, recommending the addition of new classes or the removal of existing classes from the state OBC list.
In 2023, the National Commission for Backward Classes (NCBC), a constitutional body, identified irregularities in the execution of reservation policies across four states during field surveys conducted from February to May. In West Bengal, the commission discovered that Rohingya and Bangladeshi immigrants had been issued OBC certificates. Additionally, in February, the NCBC noted that out of the 179 castes listed as OBCs in the state, 118 were from the Muslim community.
Netizens shared an unverified list of names that were reportedly recognized by the West Bengal government as OBCs, with the majority of the names being Muslim.
மேற்கு வங்கத்தில் 2011ம் ஆண்டு முதல் வழங்கப்பட்ட OBC சான்றிதழ்களை அனைத்தையும் ரத்து செய்து கொல்கத்தா உயர் நீதிமன்றம் உத்தரவு😄
திரிணாமுல் காங்கிரஸ் கொண்டுவந்த OBC பிரிவினரின் பெயரை படிக்கவும்💁🏻 pic.twitter.com/PCdqhrgSfz
— Bagavath Pratheep (மோடியின் குடும்பம்) (@Bagavathprathee) May 22, 2024
(With Inputs From IE)
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