The legal row stems from the Calcutta High Court’s earlier decision in May 2024, which quashed the inclusion of 77 communities in the OBC list. The division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha had invalidated all OBC certificates issued by the State since 2010, effectively nullifying nearly 12 lakh such certificates. Following this, the West Bengal government had approached the Supreme Court, which is still considering the matter. In response to the High Court ruling, the State informed the Court that the West Bengal OBC Commission would carry out a fresh assessment to identify eligible OBC communities.
Subsequently, the State government issued a new list based on this commitment. However, this revised list was also stayed by the Calcutta High Court on June 17. In its interim observation, the High Court suggested that the State appeared to be attempting to reintroduce the same communities previously disqualified, prompting further judicial scrutiny.
Challenging this fresh stay, Kapil Sibal submitted before the Supreme Court that the High Court’s position contradicts established legal precedent. He argued that a writ petition had been filed against the new list, wrongly insisting that a legislative route was necessary for such classification. Sibal pointed out that this approach was contrary to judicial interpretations, particularly the landmark 1992 Indira Sawhney judgment (commonly referred to as the Mandal Commission case), which affirmed that the executive branch has the authority to identify OBCs.
Chief Justice Gavai concurred with this principle, reiterating that the judiciary has consistently held that the executive can undertake such identification. In addition, Sibal highlighted that a contempt petition had been filed in the Calcutta High Court over the issue. He urged the Supreme Court to stay the contempt proceedings, stating that no act of contempt had occurred. The Chief Justice took note of this and said the Court would address the issue after listing the case for Monday.
The State government’s challenge against the June 17 order is part of a broader legal and administrative struggle over the classification and recognition of backward communities. While the High Court has maintained that the State must avoid reintroducing previously disqualified communities without fresh assessment, the government has asserted that it is within its executive powers to revise the OBC list, especially following new data and recommendations from the State Commission.
With the matter now slated for hearing on July 28, the Supreme Court’s upcoming order is expected to have significant implications for affirmative action policy and the legal framework governing backward class identification in West Bengal.
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