New Delhi: The Supreme Court on Monday directed the West Bengal government to explain the basis of its decision to designate 77 communities, most of which were Muslims, as the other backward classes (OBC).
The apex court asked the state government to bring on record 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.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra issued notice on 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".
The CJI 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)..”, said the CJI.
Senior advocate Indira Jaising, representing the West Bengal government, sought a stay on the high court judgment. She argued, “How am I to make reservations? I have no roster anymore? no list anymore? The consequence is that the entire state of WB has no reservation….”
Regarding the high court order, Jaising said, “This is the reason they give, that the reservation is done on the basis of religion! ....all because they are Muslims…this is the reasoning given”. Jaising stressed that one of the issues raised, in the high court judgment, is that the state government did not do a census, now there is no caste census in this country.
In May this year, the Calcutta high court scrapped other backward classes (OBCs) 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, the high court said those appointed so far on the basis of OBC certificates will not be touched. The state government moved the apex court against the high court decision.
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