In a significant setback to the West Bengal state government, the Calcutta High Court on Tuesday issued an interim stay on the latest notification expanding the list of Other Backward Classes (OBCs) to 140 castes, citing violations of legal procedures and previous court directives.
The division bench comprising Justice Rajasekhar Mantha and Justice Tapabrata Chakraborty passed the stay order, questioning the state’s decision to bypass legal requirements and ignore earlier judicial instructions regarding OBC classification.
During the hearing, Justice Mantha sharply criticised the state for acting inconsistently with the law. “You did half the work under the 2012 OBC Act, then reverted to the 1993 Act. Why this inconsistency?” he asked. The judge also pointed out that four to five government notifications had flouted court orders, indicating a pattern of judicial disregard.
Justice Chakraborty, echoing similar concerns, noted that the court had earlier directed the state not to act on the inclusion of 66 OBC communities until the Supreme Court delivered its verdict.
“But even that order was disobeyed,” he said, while rejecting the state’s appeal to allow the notification to stand.
The bench ordered an interim stay on the notification, which will remain effective until 31 July, pending further review.
Representing the state, the Advocate General questioned why objections were not raised earlier when advertisements and surveys were being conducted. “What if our action is ultimately proven correct?” he argued. However, Justice Mantha responded sternly, stating, “These 4–5 notifications are clear signs of contempt. You've also violated legislative procedures.”
State counsel Kalyan Banerjee attempted to defend the move, stating, “This is not a legislative issue — it is a matter rooted in the principles of a parliamentary democratic system.” Banerjee claimed over 25 years of legal experience on the matter, but the court remained unconvinced.
The controversy stems from the state’s move to implement a 17% reservation for OBCs in government jobs. However, this decision was challenged through a Public Interest Litigation (PIL) in the High Court, leading to its cancellation.
The court had earlier declared that reservations cannot be granted on the basis of religion and that the existing OBC list was not prepared in accordance with legal norms.
In its 2023 verdict, the High Court observed that the list of OBCs created since 2010 was unlawful under the Backward Classes Act of 1993, as it was compiled without specific surveys or empirical data.
The most recent notification sought to expand the OBC list from the previously existing 66 castes to 140, adding 76 new castes while removing two existing ones. However, this expansion, too, was brought under scrutiny for lacking transparency, adequate surveys, and proper legislative backing.
With the interim stay now in place, the fate of the 140-caste OBC reservation list hangs in the balance, pending further court proceedings. The state government is under increasing pressure to justify its moves within the bounds of the law and constitutional provisions.
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