SC to take up West Bengal plea on OBC classification on January 28 and 29

The Supreme Court will hear on January 28 and 29 a plea by the West Bengal government challenging the decision of Calcutta High Court quashing the other backward class (OBC) classification of 77 communities.

A bench headed by justice BR Gavai assured senior advocate Kapil Sibal, appearing for the state government, that the matter would be decided before the top court closes for summer vacations in May. This came after Sibal urged the bench for a decision before the commencement of the next academic year.

At the last hearing in December, the court had verbally observed that reservation cannot be given on the basis of religion. In response, Sibal had stated that the reservation was not granted based on religion but on the backwardness of the communities.


The bench had at the last hearing asked how HC could strike down the provision (Section 12) of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, when it was a provision enabling the state to identify classes.

Referring to a landmark judgement of SC, the bench observed that it has been held that "it is the power of the executive to identify and classify. How can a provision in statute be struck down which grants the state the power? Is possible misuse of a provision a ground enough to strike it down?"