In a significant decision shortly after assuming power, the newly elected BJP government in West Bengal, under Chief Minister Suvendu Adhikari, has decided to withdraw the state’s pending Supreme Court petition challenging the Calcutta High Court’s 2024 order that cancelled Other Backwards Class (OBC) status for 77 communities.
The Calcutta High Court, in its May 22, 2024 verdict, had struck down the inclusion of these 77 communities, 75 of which were Muslim communities and only two were Hindus, in the state’s OBC list. These inclusions were made between March 2010 and May 2012, first under the Left Front regime and later continued by the Trinamool Congress (TMC) government.
The High Court had ruled that the reservations were granted primarily on religious grounds without proper surveys to establish social and educational backwardness, which violatied constitutional norms. The order had invalidated OBC certificates issued to members of these communities after 2010 and barred their use in appointments or admissions. +
Soon after the High Court verdict, the Mamata Banerjee government moved the Supreme Court, challenging the order.
According to a report by Anandabazar Patrika, the state government’s lawyer, Kunal Mimani, sent a formal letter to the Supreme Court Registrar on Thursday requesting the withdrawal of the case filed by the Mamata Banerjee government nearly two years ago. The state government has also urged the apex court to list the matter for urgent hearing so that permission for withdrawal can be granted.
The inclusions by left and TMC govts had expanded West Bengal’s OBC list significantly. The Left Front added 42 Muslim communities, while the TMC added 35 more and later enacted a 2023 OBC Reservation Act covering all 77, taking the total OBC communities to 179 at one point. The High Court’s order led to prolonged litigation, including multiple stays, surveys, and counter-petitions. The Supreme Court had previously granted interim reliefs but the matter remained pending before the top court.
The decision means the state agrees with the High Court’s ruling and is expected to impact approximately five lakh OBC certificates issued to these communities since 2010.
The decision came alongside a state-wide re-verification drive ordered by the Backward Classes Welfare Department for all SC, ST, and OBC certificates issued since 2011, totalling around 1.69 crore documents. This includes 1 crore SC, 21 lakh ST, and 48 lakh OBC certificates. Many of these were distributed through the TMC’s flagship “Duare Sarkar” (Doorstep Government) camps.
District Magistrates have been directed to have Sub-Divisional Officers scrutinise the certificates, including second-generation ones, with strict action against fakes or irregularities. Certificates linked to voters removed from electoral rolls will also face review.
BJP state vice-president Tapas Ray welcomed the move, stating, “Trinamool acted arbitrarily. It did not followed any law, constitution, or rule. The same has happened in the case of OBC reservations. The new government has taken the right step.”
TMC spokesperson and MLA Kunal Ghosh criticised the decision, saying, “The previous government took steps to protect people’s interests. The new government’s decision will be examined at the legal level by the party leadership.”
The BJP has described the entire exercise as an end to “vote-bank politics” and irregularities under the previous regime. The govt has indicated that a fresh, constitutionally compliant backwardness survey will be conducted to revise the OBC list and ensure benefits reach genuine beneficiaries.
