SC asks West Bengal govt to explain basis of declaring 77 communities, mostly Muslims, as OBCs

The top court also issued notices to the private litigants who had moved Calcutta High Court against the inclusion of 77 castes, mostly Muslims, in the Other Backward Classes (OBC) list.

New Delhi: The Supreme Court on Monday sought to know from the West Bengal government the basis of its decision to include 77 communities, most of which were Muslims, as the Other Backward Classes (OBC).

A bench led by Chief Justice of India D Y Chandrachud also asked the state government to bring on record the nature of the survey carried out on the aspects of social and educational backwardness, and inadequacy of representation in the services of the state of these communities.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, however, agreed to examine the petition filed by West Bengal government against high court judgment and also issued notice on the application filed by the state government seeking a stay on the high court judgment.

The Calcutta High Court had declared the classification process "illegal".

In its order, the bench said, “The state of West Bengal shall file an affidavit before this court explaining the process which was followed for designating 77 communities as OBCs…the state shall in particular clarify: the nature of the survey which was carried out on the aspects of social and educational backwardness, and inadequacy of representation in the services of the state. Whether there was a lack of consultation with West Bengal Backward Class Commission before the designation of any communities on the list of 77 communities’ designated as OBCs, in regard to 37 communities."

“Whether any consultation was carried out by the state government regarding the sub-classification of the OBCs with the West Bengal Backward Class Commission….the state shall clarify on the nature of the survey…we want the state to clarify before us and we have issued notice on stay (of the high court judgment),” the bench said.

Senior advocate Indira Jaising, appearing for the West Bengal government, sought a stay on the high court judgment.

She said that one of the issues raised, in the high court judgment, was that the state government did not do a census, now there is no caste census in this country.

In May, 2024, the Calcutta High Court scrapped OBC certificates awarded to 77 communities since 2010, an overwhelming majority of them Muslim. The high court had called the classification process illegal and barred the state from appointing people from these communities with immediate effect.

However, it had said those appointed so far on the basis of OBC certificates would not be touched.