In a significant blow to the Trinamool Congress (TMC) government in West Bengal, the Calcutta High Court has put a stop to the state's new Other Backward Classes (OBC) list. This development follows the court's earlier decision to scrap all OBC certificates issued since 2010, a move that has sparked considerable political controversy and legal challenges. The Bharatiya Janata Party (BJP) has welcomed the court's decision, alleging that the TMC government's OBC policies are designed to appease specific वोट banks through धर्म-आधारित आरक्षण.
The recent legal battle stems from a petition challenging the new list of 140 communities included in the OBC category. The petitioner, Amal Chandra Das, argued that the survey used to create the list was flawed and did not follow due process. Justices Tapabrata Chakraborty and Rajasekhar Mantha presided over the case.
This is not the first time the Calcutta High Court has intervened in West Bengal's OBC reservation policies. In May 2024, the court annulled all OBC certificates issued after 2010, affecting approximately five lakh certificates. The court found that the process for granting these certificates bypassed the West Bengal Backward Class Commission Act of 1993. Sections of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, were also deemed unconstitutional. The court directed the state government to prepare a fresh OBC list based on the 1993 Act.
Following the May 2024 ruling, the state government conducted a new survey and subsequently introduced a revised OBC list. Chief Minister Mamata Banerjee asserted that the new list was based solely on backwardness, not religion, and announced the restoration of 17% reservation in the state. However, the BJP has continued to criticize the list, alleging that it disproportionately favors Muslims. Suvendu Adhikari, the leader of the opposition in West Bengal, described the TMC's OBC policy as "appeasement politics," claiming that "OBC" now stands for "One-Sided Beneficiary." He noted that the percentage of Muslims in the new OBC list is 57.1%, with a higher concentration in the OBC 'A' category.
The legal challenges to West Bengal's OBC list have created uncertainty for students and job seekers in the state. Admissions to schools, colleges, and universities, as well as state government recruitments, have been affected by the ongoing legal disputes. CM Banerjee had stated that the issuance of OBC certificates for college admissions and government jobs would resume immediately after the new list was prepared, but the latest court order has thrown those plans into disarray.
The TMC government has appealed the Calcutta High Court's earlier decision in the Supreme Court, and the matter remains under judicial consideration. In the meantime, CM Banerjee has instructed her cabinet ministers to launch a public outreach program to counter what she describes as disinformation spread by the BJP regarding the OBC list.