New Delhi– The West Bengal government informed the Supreme Court on Tuesday that it will conduct a fresh survey to identify Other Backward Classes (OBCs) within three months. This decision follows a setback in the Calcutta High Court, which had quashed the state’s move to classify 77 communities, primarily Muslim, as OBCs, reported the Indian Express.
Senior Advocate Kapil Sibal, representing the state, conveyed this to a two-judge bench led by Justice B.R. Gavai. The bench, also comprising Justice A.G. Masih, agreed to adjourn the matter for three months and scheduled the next hearing for July.
The state’s decision comes in response to the Calcutta High Court’s May 2024 ruling, which had observed that “religion indeed appears to have been the sole criterion” for granting OBC status. The court had criticized the move, calling it an “affront” to the Muslim community and had revoked OBC certificates issued since 2010.
Sibal informed the bench that the West Bengal Commission for Backward Classes would conduct the benchmark survey for communities seeking OBC status. Justice Gavai remarked that if the exercise is redone and fresh reservations are provided without grievances, the issue may become “academic.”
In August 2024, the Supreme Court had asked the Mamata Banerjee-led government to submit an affidavit detailing the classification process of the 77 communities, the nature of surveys conducted, and whether the state backward commission was consulted.
During an earlier hearing in December 2024, Justice Gavai had noted that “reservation cannot be on the basis of religion.” The upcoming survey is expected to address these concerns and provide a more structured framework for OBC classification in the state.
