The Supreme Court on Monday stayed the Calcutta High Court's decision that had stalled the implementation of a revised list of Other Backward Classes (OBCs) notified by the West Bengal government.
On June 17, the Calcutta High Court had ordered an interim stay on notifications issued by the state government with regard to reservations to 140 subsections under OBC-A and OBC-B categories made by it.
What Did SC Bench Say?
Supreme Court bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and NV Anjaria heard the appeal of the state government and stated, “Prima facie, the high court order seems to be erroneous".
At the outset, the bench took note of the submissions of senior advocate Kapil Sibal, appearing for the state government, and said, “This is surprising. How can the High Court pass such an order? Reservation is part of the executive function."
The state had prepared the new list after the high court, in May 2024, quashed the inclusion of as many as 77 communities in the OBC list.
West Bengal Government & OBC List
West Bengal government prepared the new list after the high court, in May 2024, quashed the inclusion of as many as 77 communities in the OBC list.
The state government approved recommendations of the West Bengal Commission for Backward Classes to include 76 new castes on the list for OBC in June, 2025. These new castes would be added to the existing 64 ethnic groups on the OBC list.
Following that, the Cabinet gave its nod to a proposal for creating two posts — Joint Commissioner of Police (Legal) and Joint Commissioner of Police (Cyber) - in IPS cadre under Kolkata Police.
It also gave its approval to create two posts of deputy secretaries in the state School Service Commission, as per reports.
The Calcutta High Court on June 17 ordered an interim stay on notifications issued by the West Bengal government with regard to reservations to 140 subsections under OBC-A and OBC-B categories made by it.
The high court, while staying the new OBC list, said prima facie the state was attempting to reintroduce the same OBC classes it had previously struck down. The state government challenged the June 17 high court order staying the new OBC list.
The state government in a separate plea challenged the May order before the top court and later submitted before the high court that it would conduct a fresh exercise of identification of OBCs.
