Supreme Court stays Calcutta High Court order which stayed new OBC List in West Bengal

The Supreme Court yesterday stayed the Calcutta High Court’s interim order that had halted the implementation of a revised list of Other Backwards Classes (OBCs) notified by the West Bengal government. A bench comprising Chief Justice of India B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria passed the interim stay while issuing notice on a Special Leave Petition filed by the West Bengal government. 

The Court expressed surprise at the High Court’s reasoning that only the legislature has the authority to approve OBC



classifications, clarifying that reservation falls within the domain of executive functions. CJI Gavai disagreed with the High Court’s observation that the State was required to table reports and introduce bills before the Legislature to amend the 2012 Act and add new classes to its schedule. The Calcutta High Court had, on June 17, stayed notifications issued by the State regarding reservations for 140 sub-categories under the OBC-A and OBC-B groups. The top court will take up the matter for hearing in two weeks.