SC admits Bengal plea against HC order on 113 OBC subgroups
2
Kolkata:
Supreme Court
on Thursday admitted Bengal govt's plea against a Calcutta High Court order striking down efforts by the state to classify 113 subgroups under OBC A and B categories. An SC bench presided over by Chief Justice of India BR Gavai listed the matter for hearing on July 28.
In another development, a division bench of Calcutta HC extended the interim stay on the state gazette notification, announcing the fresh inclusion of 140 subgroups under the OBC category in Bengal, till Aug 31.
Senior counsel Kapil Sibal mentioned the state's plea in the apex court. He submitted that the HC, on May 21, 2024, struck down the inclusion of 113 new subgroups on the ground that the exercise was undertaken by executive directions and not backed by the legislature.
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The CJI remarked that judicial precedent — right from the nine-judge bench historic judgment in the Indra Sawhney case in 1992 — dictated that backward classes in society could be identified through executive directions. Sibal pointed to Calcutta HC's stay on subsequent efforts by the state to include 140 subgroups in the OBC category, of which 80 are Muslims.
The HC, in its order on June 16, 2025, stayed the gazette notification announcing the new inclusion.
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The division bench did not find justification for the steps taken by the state executive under the West Bengal Commission for Backward Classes Act, 1993, after the West Bengal Backward Classes Act, 2012, was adopted.
On Thursday, the HC extended the interim stay on the state gazette notification.
Meanwhile, a division bench of justices Tapabrata Chakraborty and Rajasekhar Mantha dismissed an application to initiate the recruitment process in Calcutta HC and district judiciary in compliance with a court order on June 17.
The division bench will take up the matter for hearing, if an application is made, on Aug 5.
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