The National Commission for Backward Classes (NCBC) chairman Hansraj Gangaram Ahir on Wednesday welcomed the Calcutta High Court's decision to cancel the OBC status of several classes in West Bengal granted since 2010, alleging that the state failed to provide a necessary report justifying the inclusion of new castes in the OBC list.
“During our review, we observed that since 2010, 65 Muslim castes and six Hindu castes were added to the OBC list without proper documentation. Despite our requests, the state government did not provide any reports to support these additions,” Ahir said.
“It's possible they failed to submit this report in court as well. The court's decision is absolutely correct, and we welcome it. It proves that the rights of the original OBCs were compromised,” he added.
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Ahir warned that any future inclusions in the OBC list without proper surveys would face similar consequences.
“Karnataka has committed a similar mistake by adding 100 per cent Muslims to OBC list,” he said.
{{/usCountry}}“Karnataka has committed a similar mistake by adding 100 per cent Muslims to OBC list,” he said.
{{/usCountry}}The High Court's ruling came as a response to petitions challenging the provisions of The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. The court declared that reservations granted to several classes under this Act were illegal.
However, it clarified that those who are already in service or have availed the benefit of reservation or have succeeded in any selection process of the state will not be affected by the order.
Setting aside a provision in the Act of 2012 for distribution of percentage of reservation to the sub-classified classes, the court said, "sub-classified classes listed in two categories, namely OBC-A and OBC-B, are struck down from schedule 1 of the Act of 2012."
The bench said that the opinion and advice of the Backward Classes Commission is ordinarily binding on the state legislature under provisions of the West Bengal Commission for Backward Classes Act, 1993.
West Bengal chief minister Mamata Banerjee said she will not accept the judgement and "OBC reservation continues and will always continue".
Addressing a poll rally at Khardah under the Dumdum Lok Sabha constituency, Banerjee said, “Those who have given the order should keep it to themselves, we will not accept the opinion of BJP, OBC reservation continues and will always continue.”