Calcutta High Court cancels all OBC certificates issued in Bengal since 2010
In a landmark decision, the Calcutta High Court on Wednesday scrapped all Other Backward Classes (OBC) certificates issued in West Bengal since 2010.
A division bench of Justice Tapabrata Chakrabirty and Rajasekhar Mantha delivered the ruling while hearing a PIL questioning the process of obtaining OBC certificates.
The court ordered that a fresh list of OBCs be developed based on the West Bengal Commission for Backward Classes Act of 1993 by the West Bengal Commission for Backward Classes.
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The panel of the high court declared the OBC list created after 2010 to be “illegal.”
The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, Sections 2H, 5, 6, and 16, as well as Schedules I and III, were declared ‘unconstitutional’ by the High Court.
All OBC Certificates issued after 2010 in Bengal cancelled, rules Calcutta High Court
The Mamata Banerjee-led Trinamool government came to power in the state in 2011. Consequently, the order applies to all OBC certificates issued during the tenure of the Mamata government.… pic.twitter.com/4xr42KGhfe
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“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 today 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.
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This efectively implies that all OBC certificates granted between 2010 and 2024 have been set aside, and individuals can now take advantage of the numerous schemes available to holders of these certificates.
The court, however, underlined that the order will not affect the services of individuals from the evicted classes who are already employed, have benefited from reservation, or have triumphed in any state selection process.
Mamata Banerjee hits back at HC Order
In response to the development, West Bengal Chief Minister Mamata Banerjee declared that she would not accept the high court’s judgment and lambasted the BJP.
“We will not accept the BJP’s directive. OBC reservations will remain. Imagine their arrogance. This is a kalankit chapter in the country; it was not completed by me. Upen Biswas had completed it,” she said.
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“Surveys were done prior to the implementation of OBC reservation. Cases were also filed earlier, but nothing came of them. Why don’t they discuss policies in BJP-ruled states?” Mamata questioned.
The Trinamool Congress president further alleged that Modi has been discussing how minorities will take away Tapashili reservation, which could lead to constitutional breakdown.
