Calcutta HC Stays State Notifications on OBC Classifications and Reservations [Read Order]

Kolkata: The Calcutta High Court has issued a significant directive staying multiple notifications issued by the West Bengal government concerning the classification and reservation percentages of Other Backward Classes (OBCs), emphasizing the need to adhere to previous judicial orders and proper legislative procedures.

A Division Bench comprising Justice Rajasekhar Mantha and Justice Tapabrata Chakraborty made critical observations on the state’s attempt to reintroduce OBC classifications that had previously been struck down by the court.

The court was hearing a batch of Public Interest Litigations (PILs) challenging the identification and classification of 77 classes as OBCs in West Bengal. It noted that the matters arose following a judgment dated 22nd May 2024, which had disposed of similar PILs, and subsequent writ petitions challenging various notifications issued by the state and educational institutions.

Addressing the state’s recent actions, the court observed, “Prima facie, it appears that the respondents are proceeding in hot haste and are attempting to bring in the self-same classes and to reintroduce the percentage of reservation, which have been struck down by this Court, by executive orders and not in exercise of the State’s legislative functions.”

Highlighting the legal implications of such an approach, the court stated, “The State Executive, therefore, is no longer permitted under the 1993 Act or even under Article 16(4) to make provisions for reservation of OBCs in the State. The Hon’ble Supreme Court has neither interfered with such observations nor with the directions contained in paragraph 361 of the said judgment.”

In a specific directive, the court ordered: “The operation of Notification No. 917-BCW/MR-33/2025 dated 8th May 2025, Notification Nos. 1056-BCW/MR-33/2025 (Pt. I) and 1057-BCW/MR-38/2025 dated 27th May 2025, Notification Nos. 1106-BCW/MR-38/2025 and 1107-BCW/MR-38/2025 dated 3rd June 2025, and Notification No. 912/Secy/BCW dated 13th June 2025, and all consequential steps taken, shall remain stayed till the end of July 2025 or until further orders, whichever is earlier.”

The court stressed the need for compliance with legislative procedures, noting that after the commencement of the 2012 Act, only the State Legislature is empowered to make provisions for reservations in State services.

It clarified that there shall be no hindrance in conducting recruitment and admission processes in respect of the 66 OBC classes recognized prior to 2010, which had not been interfered with by the previous judgment.

The Advocate General submitted that the Commission had undertaken a fresh examination of backward classes and that the Supreme Court had permitted such an exercise, listing the Special Leave Petitions for hearing in July.

The High Court has directed all parties to file their respective affidavits and listed the matter for further consideration on 24th July 2025.

Case Title: Amal Chandra Das vs. The State of West Bengal & Ors.

[Read Order]