In a significant ruling, the Calcutta High Court has invalidated all Other Backward Classes (OBC) certificates issued in West Bengal since 2010. This decision came as a response to a Public Interest Litigation (PIL) challenging the process of granting OBC certificates in the state.
The division bench comprising Justice Tapabrata Chakraborty and Rajasekhar Mantha delivered the verdict, terming the OBC list prepared after 2010 as ‘illegal’.
The court directed the preparation of a fresh list of OBCs based on the West Bengal Commission for Backward Classes Act of 1993. This act will serve as the basis for identifying eligible candidates for OBC certificates.
In addition, certain sections of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 were deemed unconstitutional by the high court bench.
Advocate Sudipta Dasgupta explained that the PIL, filed in 2011, asserted that OBC certificates issued after 2010 bypassed the 1993 Act, resulting in deserving individuals not receiving their rightful certificates. As a result of the court’s decision, all OBC certificates issued between 2010 and 2024 have been invalidated, impacting the eligibility of individuals for various government schemes and benefits.
However, the court clarified that its order would not affect individuals who are already in service or have benefited from reservation policies based on the previously issued OBC certificates. The ruling also does not interfere with the state government’s executive orders classifying OBCs before 2010, as these were not challenged in the petitions.
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