Calcutta High Court scraps all OBC certificates issued in Bengal since 2010

In a major verdict, the Calcutta High Court on Wednesday dismissed all Other Backward Classes (OBC) certificates issued in West Bengal since 2010.

A division bench of Justice Tapabrata Chakrabirty and Rajasekhar Mantha pronounced the verdict, while delivering a judgement on a PIL challenging the process of granting OBC certificates.

The court directed that a fresh list of OBCs be prepared based on the West Bengal Commission for Backward Classes Act of 1993 by the West Bengal Commission for Backward Classes.

The high court bench termed the OBC list prepared after 2010 as ‘illegal.’

The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 section 2H, 5, 6 and Section 16 and Schedule I and III were struck down by high court as ‘unconstitutional’.

“The PIL filed (in 2011) claimed that all OBC certificates given out after 2010 bypassed the 1993 (West Bengal Backward Class Commission) Act. Those actually from backward class were not offered their due certificates. The Division Bench’s decision today annulled all OBC certificates given out after 2010. Those with OBC certificate before 2010 will not bear the brunt of the Calcutta HC hearing”, Advocate Sudipta Dasgupta said.This effectively means that all OBC certificates issued between 2010 and 2024 have been set aside and now person can now avail the benefit of various schemes provided to the holders of these Certificate.

The court, however, clarified that the order will not affect the services of citizens of the ejected classes, who are already in service or have been benefitted by reservation or have succeeded in any selection process of the state.

Meanwhile, the court further added that there was no interference with regard to the state government’s executive orders classifying 66 classes of OBCs before 2010, as the petitions did not challenge them.

Reacting to the development, West Bengal Chief Minister Mamata Banerjee said that she would not accept the high court’s order and attacked the BJP.

“We won’t accept BJP’s order. OBC reservation will continue. Imagine their audacity. This is a kalankit chapter in the country- this wasn’t done by me. Upen Biswas had done it”, she said.

“Surveys had been conducted before implementing OBC reservation. Cases were filed earlier as well, but there was no outcome in this. Why don’t they talk about policies in BJP-ruled states”, the chief minister questioined.

The Trinamool Congress chief further claimed that PM (Modi) has been talking about how minorities will snatch away Tapashili reservation and that it could lead to constitutional breakdown.

“Minorities can never touch the Tapashili or Adivasi reservation. But these mischievous people (BJP) get their work done through agencies,” Mamata Banerjee said.