38.6c New Delhi, India, Monday, June 24, 2024
Judiciary

Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010, Cites Unconstitutional Grounds [Read Judgment]

By Saket Sourav      23 May, 2024 03:33 PM      0 Comments
Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010 Cites Unconstitutional Grounds

Calcutta: The Calcutta High Court recently set aside all Other Backward Castes (OBC) certificates issued by the West Bengal government after the year 2010, terming them "illegal."

The Division Bench of Justice Tapabrata Chakraborty and Justice Rajasekhar Mantha struck down sections 2H, 5, 6, and Section 16 and Schedule I and III of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, as 'unconstitutional.'

The batch of petitions challenged the identification and classification of 77 classes as Other Backward Classes (OBCs) in the State of West Bengal and also challenged the constitutional validity of some provisions of the West Bengal Backward Classes (Other than SC and ST) (Reservation in Posts) Act of 2012.

In its judgment, the court observed that the commission and the state acted with undue haste and "lightning speed" in making recommendations for the classification of the 77 classes to fulfill the public announcement of the then Chief Minister.

The court also examined whether religion alone could serve as the sole basis for the recommendations of the Commission under Article 16(4) of the Constitution and the provisions of the Act of 1993. It held that the selection of 77 classes of Muslims as Backward was an affront to the Muslim community as a whole.

Further, the court held that there was no doubt that the said community had been treated as a commodity for political ends, with their inclusion being treated as a vote bank, which was therefore also an affront to democracy and the Constitution of India.

The court noted that while the commission's reports purported to show that reservations were not made based on religion, in reality, they did not align with the constitutional principles of impartial and secular reservation.

“The reports of the Commission adhere to a pattern that indicates the Commission being wanted or directed to grant benefits to a particular community, namely the Muslim community. This pattern is hit by PROCEDURAL IMPROPRIETY,” the court said.

Additionally, the court, while considering the principle of prospective overruling, referred to a series of cases and, considering the potential economic impact on citizens belonging to the 77 designated classes, ruled that individuals from these classes who were appointed to state services and had already benefited from reservations under Article 16(4) before the delivery of this judgment could not have their services terminated or their benefits revoked due to illegal classification or sub-classification. However, it clarified that the executive order classifying 66 communities as OBC prior to 2010 would not be interfered with since it was not challenged.

Furthermore, the court directed the Backward Classes Welfare Department of the State to place a report before the Legislature, in consultation with the Commission, for the inclusion of new classes or the exclusion of the remaining classes, in the State List of OBCs.

[Read Judgment]



Share this article:

About:

Legal Content Writer



Leave a feedback about this
Related Posts
View All

Birbhum Massacre: NHRC Takes Suo Motu Cognisance, Directs State Gov To Submit Detailed Report Within 4 Weeks Birbhum Massacre: NHRC Takes Suo Motu Cognisance, Directs State Gov To Submit Detailed Report Within 4 Weeks

According to reports, Chief Minister Mamata Banerjee on Thursday met the families of the victims and announced Rs 2 lakh compensation for rebuilding the scorched homes. Promising jobs to ten families affected by the violence, Banerjee added that she would ensure "speedy justice".

Supreme Court Rejects West Bengal's Plea Against CBI Probe in Linked Municipality and Teachers' Recruitment Scam Supreme Court Rejects West Bengal's Plea Against CBI Probe in Linked Municipality and Teachers' Recruitment Scam

Supreme Court dismisses West Bengal's plea against CBI probe into municipality recruitment scam linked with teachers' recruitment irregularities. Abhishek Banerjee, TMC MP, faces setback as court refuses interference.

Calcutta High Court conducts late-evening hearing, orders release of lawyer arrested inside court [Read Order] Calcutta High Court conducts late-evening hearing, orders release of lawyer arrested inside court [Read Order]

After holding a late-evening hearing due to “unprecedented events”, a division bench of the Calcutta High Court stayed an order which directed a lawyer’s arrest inside the court on charges of contempt of court.

Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 1 - Jan 6] Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [Jan 1 - Jan 6]

A weekly round-up of the top stories from the Supreme Court of India and High Courts across the country summed up in a 3-minute read. 

TRENDING NEWS


TOP STORIES

historic-moment-all-four-gates-of-puris-jagannath-temple-reopened-after-bjps-landmark-victory-in-odisha
Trending News Updates
Historic Moment: All Four Gates of Puri’s Jagannath Temple Reopened After BJP’s Landmark Victory in Odisha

Historic Moment All Four Gates of Puris Jagannath Temple Reopened After BJPs Landmark Victory in Odisha

18 June, 2024 11:03 AM
education-minister-admits-irregularities-in-neet-ug-centre-nta-to-face-probing-queries-in-sc
Trending Executive
Education Minister admits irregularities in NEET UG; Centre, NTA to face probing queries in SC

Education Minister admits irregularities in NEET UG; Centre, NTA to face SC probe over exam conduct and paper leak allegations, counselling to proceed.

18 June, 2024 12:14 PM
rajasthan-hc-denies-anticipatory-bail-in-land-forgery-case-cites-serious-charges-and-witness-threats
Trending Judiciary
Rajasthan HC denies anticipatory bail in land forgery case, cites serious charges and witness threats [Read Order]

Rajasthan HC rejects anticipatory bail in land forgery case, citing serious charges, witness threats, and the need for a thorough investigation.

18 June, 2024 12:51 PM
jain-community-dresses-up-as-muslims-to-buy-124-goats-saves-them-from-bakrid-slaughter
Trending News Updates
Jain Community dresses up as Muslims to buy 124 Goats , saves them from Bakrid slaughter

Jain community in Delhi raises Rs 15 lakh, dresses as Muslims to buy and rescue 124 goats from Bakrid slaughter, garnering praise and attention.

18 June, 2024 01:19 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email