Calcutta High Court Scraps OBC Certificates Issued in Bengal Since 2010; Mamata Banerjee Responds

On Wednesday, the Calcutta High Court invalidated all OBC certificates issued in West Bengal after 2010. The Mamata Banerjee-led Trinamool government came into power in 2011, which means the ruling affects all OBC certificates issued under her tenure. Chief Minister Mamata Banerjee stated that her government will not abide by the court's order, alleging it to be a conspiracy by the BJP. She emphasized that the OBC reservation policy introduced by the West Bengal government will continue, pointing out that the bill was formulated after conducting a thorough door-to-door survey. Furthermore, Mamata Banerjee mentioned that the bill had been approved by both the cabinet and the assembly in response to the court's decision

“The BJP has conspired to stall it by using central agencies. How can the saffron party show such audacity?” Mamata said.

The order was issued as the high court ruled on petitions that challenged the provisions of the Act. The court clarified that the judgment would not impact individuals who have secured jobs under the OBC category or have been selected. However, it is expected to affect a significant number of people in the state, according to a lawyer involved in the case.

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The court invalidated several categories for reservation as Other Backward Classes (OBC) that were designated under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

The bench directed that the state's executive orders classifying 42 classes as OBCs from March 5, 2010, to May 11, 2012, were also quashed, with prospective effect, in view of the illegality of the reports recommending such classification.

The bench stated that the opinion and advice of the Backward Classes Commission is generally binding on the state legislature under the National Commission for Backward Classes Act, 1993.

The bench instructed the Backward Classes Welfare Department of the state, in consultation with the Commission, to submit a report to the legislature with recommendations for the inclusion of new classes or the exclusion of remaining classes in the state list of OBCs.

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