The Calcutta High Court cancels OBC (Other Backward Class) certificates issued by the government of West Bengal since 2010 on Wednesday, May 22.
The Calcutta High Court declared that the OBC certificates issued after 2010 were illegal. A division of bench of Justice Tapabrata Chakraborty and Justice Rajasekhar Mantha took the decision, and addresses a Public Interest Litigation (PIL) which challenged the process of granting OBC certificates. The high court orders to make a new list of OBCs under the West Bengal Commission for Backward Classes Act of 1993.
The main reasons for the cancellation of OBC certificates are : the classification of OBC were illegal. 77 classes got added under the West Bengal Backward Classes Act of 2012 were not according to the law. Moreover, the High Court found that Constitutional provisions have been violated , improper classification and sub classification were not based on social and educational backwardness.
According to the High Court, the OBC list prepared after 2010 was “illegal”. The court struck down sections 2H, 5, 6, and 16, along with Schedules I and III of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of vacancies in Services and Posts) Act, 2012, calling them “unconstitutional”.
Advocate Sudipta Dasgupta said that the PIL filed in 2011 claims that OBC certificates issued after 2010 bypassed the 1993 Act.
As per the order, “The selection of 77 classes of Muslims as backward is an affront to the Muslim community as a whole. This court mind is not free from doubt that the said community has been treated as a commodity for political ends. This is clear from the chain of events that led to the classification of the 77 classes as OBC and their inclusion to be treated as a vote bank,”
However, the OBC Certificates before 2010 would not be affected. The court clearly stated that nothing would happen to those who have OBC certificates before 2010. The court did not interfere in the matter of having 66 classes of OBC before 2010 as these were not challenged in the petition.
Around 5 lakh OBC certificates have been cancelled. However, the people benefited by the certificate will not be affected by the order. But, the cancelled certificates will be null and void for applying for any government jobs.
West Bengal CM Mamata Banerjee, strongly opposes the court’s verdict. She says that the OBC reservations would continue and strongly criticizes BJP. CM said that before implementing OBC reservations, surveys were being conducted. She also alleges PM saying PM also had problem with Tapashili (SC) reservation.
While, Home Minister Amit Shah criticized Mamata Banerjee of not accepting the court’s order. Amit Shah strongly agrees with the court’s decision. In addition, PM Narendra Modi alleges Mamata Banerjee for “vote bank politics”- giving the OBC certificates to Muslims.
Author: Anushka Jaiswal
Anushka Jaiswal is pursuing a degree in journalism and Mass Communication. I am more interested in listening to the podcast rather than reading books. My hobbies include listening to music, journaling philosophical thoughts. From my school days I have taken a keen interest in debate competitions whether it is English or Hindi. I am not much indulged in the sports but I remain active in some of the co curricular activities like cycling, swimming, running, jogging and the like.
