Kolkata, June 19: The Calcutta High Court on Tuesday temporarily stayed the West Bengal government’s newly expanded list of Other Backward Classes (OBC), citing procedural irregularities, in a ruling that could impact public sector recruitment and educational admissions in the state.
A division bench comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha paused all government orders linked to the June 3 gazette notification, which had expanded the state’s OBC list to 140 sub-groups – 80 Muslim and 60 non-Muslim communities – replacing an earlier list struck down in May last year.
The court found that the state government had deviated from the legislative route outlined under the West Bengal Backward Classes Act of 2012, opting instead to act under the older 1993 Act. “You complied with the legislative procedure ordered in May 2024. But then you abandoned the 2012 Act and took steps under the 1993 Act,” Justice Mantha observed.
Justice Chakraborty, meanwhile, questioned the timing of the government’s actions. “Keep your hands off until the Supreme Court hears the matter. We are not going to pass any interim order,” he said. The next hearing in the apex court is scheduled for July.
The Mamata Banerjee-led administration has indicated it may challenge the High Court’s interlocutory order. “There are grounds to appeal. The Supreme Court was already informed in March that a fresh survey was underway,” a senior official said.
The fresh OBC list had increased the number of Muslim sub-groups from 77 to 80, and non-Muslim groups from 36 to 60. Chief Minister Banerjee defended the update last week, saying the survey was based solely on backwardness, not religion.
Legal experts challenging the list argued that the executive lacked authority to implement reservations under the 2012 Act. “Only the legislature can provide for reservation under this Act or Article 16(4) of the Constitution,” said senior counsel S. Sriram, who appeared for the petitioner.
The court’s stay may temporarily lower the state’s OBC reservation coverage below 17%, potentially disrupting ongoing admission and hiring processes.
