Supreme Court questions Calcutta High Court stay on implementation of West Bengal's new OBC list

The Supreme Court on Monday expressed surprise over the Calcutta High Court's recent decision to stay the implementation of the TMC-led West Bengal government's new list of Other Backward Classes (OBCs) [The State of West Bengal v. Amal Chandra Das and ors].

A Bench of Chief Justice of India BR Gavai and Justices K Vinod Chandran and NV Anjaria was hearing a plea by the West Bengal government challenging the High Court's order, which had stayed notifications that reclassified OBC categories, and introduced changes in reservation quotas, and new procedures for issuing caste certificates.

The top court today ordered for status quo to be maintained and directed that a final decision be taken by the High Court in a time-bound matter, albeit by a different Bench than the one that had passed the stay order.

"This is surprising. We will issue notice in this. How can the High Court stay? Reservation is a part of the functions of the Executive. Since Indira Sawhney Supreme Court has said this. We’ll direct the High Court. We will request the Chief Justice to place it before some other Bench," the Chief Justice of India (CJI) said.

The Court went on to opine that prima facie, the High Court's stay order appeared to be erroneous.

"Commission has followed some methodology (before proposing changes to the OBC list). Whether it is correct or not correct, let the High Court see. Prima facie, the (High Court's stay) order is completely erroneous. We’ll request the High Court to do it (decide on the matter) in 6 weeks. We can request the Chief Justice (of the High Court) to constitute a special Bench," the top court said.

Representing the West Bengal government, Senior Advocate Kapil Sibal today urged the Supreme Court to stay the High Court's order.

"There are 9 lakh seats to be filled. A stay may be imposed ... The High Court does not proceed on the basis that the OBC commission has not done the exercise (collecting data etc.)," he said.

"We’ll direct the High Court to decide within a stipulated period. Till then status quo will be maintained. It may be placed before a Bench not comprising of the Ld. Judges (who passed the stay order)," the Bench replied.

The Court then posted the matter for further consideration after two weeks.

The Mamata Banerjee-led government had tabled the revised OBC-A and OBC-B lists in the West Bengal assembly on June 10, adding over 70 new groups in the OBC list, taking the total to 140.

According to reports, 80 of these communities are Muslim.

The adoption of the new list created a political slugfest in West Bengal.

While the opposition Bharatiya Janata Party (BJP) has accused the ruling Trinamool Congress (TMC) of playing the politics of appeasement, Chief Minister Banerjee has said the list has been prepared based solely on the backwardness of the communities.

The interim order staying the implementation of the new list was passed by the High Court Bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha on July 17.

The interim order was passed after the High Court came to a prima facie conclusion that the government was attempting to bring in the same classes in the OBC list, which were struck down by the High Court earlier. 

In May 2024, the Calcutta High Court struck down the government's earlier OBC list with 113 sub-groups, of which 77 were stated to belong to the Muslim community.

The State government's challenge to this High Court's May 2024 decision is also pending before the Supreme Court.

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