Set-Back to Mamata Banerjee, Calcutta HC Strikes down OBC Certificates Issued since 2010

Manas Dasgupta

NEW DELHI, May 22: In yet another shock to the Mamata Banerjee government in West Bengal from the Calcutta High Court, a division bench on Wednesday in a major verdict declared as “illegal” all Other Backward Classes (OBC) certificates issued in West Bengal since 2010 and ordered their cancelation.

A division bench of Justice Tapabrata Chakraborty 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 Mamata Banerjee-led Trinamool Congress government came to power in the state in 2011. Hence, the order is effective on all the OBC certificates issued under the Mamata government and the chief minister said the government won’t accept the order. It was a BJP conspiracy, Mamata said adding that the OBC reservation quota introduced by the West Bengal government would continue. The Bill was drafted after conducting a house-to-house survey, and it was passed by the cabinet and the assembly, she said.

The order came as the high court passed judgment on petitions challenging the provisions of the Act. The court said the verdict won’t affect people who have got jobs in the OBC category or have been selected. The judgment would impact a sizeable number of people in the state, a lawyer involved in the matter said.

The court clarified that the order would 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. 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.

The court struck down several classes for reservation as Other Backward Classes (OBC) given under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

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 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 bench directed that the state’s executive orders classifying 42 classes as OBCs from March 5, 2010, to May 11, 2012, were also quashed, with prospective effect, in view of the illegality of the reports recommending such classification.

The bench said the opinion and advice of the Backward Classes Commission was ordinarily binding on the state legislature under the National Commission for Backward Classes Act, 1993.

The bench directed the Backward Classes Welfare Department of the state, in consultation with the Commission, to place a report before the legislature with recommendations for inclusion of new classes or for exclusion of remaining classes in the state list of OBCs.

Reacting to the development, Ms Banerjee said 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,” she said.

“”This (OBC reservation) was passed in the Cabinet, and Assembly, and there is a court verdict on the same. They are doing games ahead of elections 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 questioned.

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. Can PM ever say that minorities will seize Tapashili reservation? He cannot. This is a constitutional guarantee. They are doing this just for vote politics,” the Chief Minister said. These mischievous people (BJP) get their work done through agencies,” Ms Banerjee said.

“They got an order passed today but I don’t accept it. When 26,000 people lost their jobs because of BJP, I had said I would not accept it. Similarly, I am telling today, I do not accept the order today. We won’t accept BJP’s order. OBC reservation will continue. Imagine their audacity,” Ms Banerjee said.