The Supreme Court on Tuesday said it would this month hear the West Bengal government’s appeal against the Calcutta high court order striking down the inclusion of the 77 communities, mostly Muslims, on the list of other backward classes (OBC) for reservation in jobs and admissions, assuring a decision on the issue before the new academic session.
“Whatever we decide will be prior to the commencement of the academic session,” said a bench of justices Bhushan R Gavai and Augustine George Masih as it posted the matter for hearing on January 28 and 29.
The West Bengal government filed an appeal against the high court’s order in May that said the 77 communities were included on the OBC list on religious grounds for political gains.
Senior advocate Kapil Sibal, representing the state, and advocate Astha Sharma sought interim directions saying that admissions of students belonging to the 77 communities had been held up. The state said these communities were on the central OBC list and in neighbouring states.
In August, the Supreme Court issued a notice on the state’s appeal granting it time to furnish the basis for extending the OBC reservation to the 77 communities. The state argued the high court order rendered all caste certificates issued since 2010 invalid. The high court specifically protected those who obtained jobs based on the certificates issued.
The Supreme Court has said an elaborate hearing on the appeal was needed to even stay the high court order. The petitioners who approached the high court have opposed the appeal.
{{/usCountry}}The Supreme Court has said an elaborate hearing on the appeal was needed to even stay the high court order. The petitioners who approached the high court have opposed the appeal.
{{/usCountry}}The high court said the identification of the classes as OBCs for electoral gains would leave them at the mercy of the concerned political establishment and may defeat and deny other rights. “Such reservation is therefore also an affront to democracy and the Constitution of India as a whole.”
West Bengal provides 17% reservation to OBCs in admissions and jobs.