Supreme Court stays Calcutta HC order on West Bengal govt's OBC list

The Supreme Court on Monday (July 28) issued a stay on the Calcutta High Court’s order stalling the implementation of a revised list of Other Backwards Classes (OBCs) notified by the West Bengal government. The stay order was issued by a bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and NV Anjaria during the hearing of the state government’s appeal against the Calcutta High Court’s order.

“Prima facie, the high court order seems to be erroneous,” stated the bench as quoted by PTI. The development follows the Calcutta High Court's order on June 17, which granted an interim stay on the West Bengal Government’s notification regarding reservations to 140 subsections under the OBC-A and OBC-B categories.

'HC order is surprising '

During the hearing, the bench took note of submissions made by senior advocate Kapil Sibal, appearing for the state government and termed the Calcutta High Court’s order as “surprising”.

“How can the High Court pass such an order? Reservation is part of the executive function,” stated the bench. The state had prepared the new list after the high court, in May 2024, quashed the inclusion of as many as 77 communities in the OBC list.

CJI Gavei differed with the Calcutta High Court’s observation wherein it stated "The State ought to have placed the reports and the bills before the Legislature for amendment and introduction of classes in the Schedule of the 2012 Act."

Also Read: Bengal Cabinet okays inclusion of 76 new castes on OBC list

Sibal's submission

Urging the Supreme Court to stay the High Court order, Sibal argued that several appointments and promotions have been held up due to the order. He also said contempt petitions have been filed before the High Court in this regard.

Arguing that the new list was prepared based on a fresh survey and report filed by the State Backwards Classes Commission, Sibal said that even the High Court does not have a point in stating that the exercise was not conducted by the Commission.

Also Read: Calcutta High Court stays West Bengal's new OBC list

What CJI said

Responding to the submission, CJI Gavai suggested that the respondents can make an appeal to the Calcutta High Court to hear the matter soon, but by a different bench.

"If you are willing, we will direct the HC to hear the matter in stipulated timeline, till then status quo will maintain. We will ask the Chief Justice to constitute another bench to hear," stated the CJI as quoted by Live Law.

The Supreme Court finally stayed the Calcutta High Court’s order when the respondents submitted that they would raise the issue before the apex court.

"The commission has followed some methodology. It may be correct or not correct, that will be decided by the High Court finally," CJI stated, adding, "Issue notice. In the meantime, there shall be a stay to the impugned order,” reported Live Law.

(With agency inputs)