Latest news with #WestBengalCommissionforBackwardClassesAct
Time of India
6 days ago
- Politics
- Time of India
SC admits Bengal plea against HC order on 113 OBC subgroups
1 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. You Can Also Check: Kolkata AQI | Weather in Kolkata | Bank Holidays in Kolkata | Public Holidays in Kolkata 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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like She Took 1 Teaspoon Before Bed – Her Belly Was Gone in a Week Hollywood News | USA Click Here Undo 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.
Time of India
17-06-2025
- Politics
- Time of India
Mamata Banerjee's new OBC list also hits high court hurdle
West Bengal CM Mamata Banerjee KOLKATA: Calcutta HC temporarily stayed Tuesday Bengal govt's new OBC list of 140 sub-groups - 80 Muslim, 60 non-Muslim - till July 31, halting a move that had replaced the earlier 113-group list struck down by the court in May last year. A division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha paused the June 3 gazette notification and all related state orders, including the portal inviting OBC caste certificate applications. HC found procedural flaws in the state's execution under West Bengal Commission for Backward Classes Act, 1993, after the 2012 law had been adopted. "The next obvious step after passing the draft notification on OBC laid in the assembly would have been to introduce an amendment to the 2012 Act," said Justice Mantha. "You complied with the legislative procedure the court ordered in May 2024. But then you abandoned the 2012 Act and took steps under the 1993 Act." Justice Chakraborty questioned why the state was pushing ahead when the matter was pending before Supreme Court. "Keep your hands off until Supreme Court hears the matter. We are not going to pass any interim order," he said. Supreme Court's next hearing is scheduled for July. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo Bengal govt is weighing a challenge to the temporary stay. "It is an interlocutory order, but there are grounds to appeal. The apex court was informed during the March hearing that a fresh survey was underway," a senior official said. The new list expanded the number of Muslim sub-groups from 77 to 80 and non-Muslim groups from 36 to 60. CM Mamata Banerjee had defended the formula last week: "Backwardness, not religion, was the sole criterion in the fresh OBC survey in Bengal." The stay could affect admissions and recruitment as current OBC reservations will drop below 17% without the expanded list. Senior counsel S Sriram, representing the petitioner, said the executive had no authority under the 2012 Act to declare OBC reservations. "The 2012 Act explicitly states that only the legislature can make provisions for reservation under the Act or Article 16(4) of the Constitution," he said.
Time of India
06-05-2025
- Politics
- Time of India
Make ads, invite applications for backward class tag: HC to panel
Kolkata: Calcutta High Court on Tuesday directed West Bengal Commission for Backward Classes to make advertisements down to the gram panchayat level, inviting applications for inclusion of a community into the backward class category . Tired of too many ads? go ad free now A division bench of justices Tapabrata Chakraborty and Rajasekhar Mantha took exception to the OBC Commission acting on applications already received. Counsel for the petitioner, Subir Sanyal, pointed out that the commission was conducting public hearings only from the applications received from 113 communities. The division bench had earlier struck down categorisation of 37 and then 77 classes under Schedule I of the state list of OBCs. "This is a tailor-made process," Sanyal said. Justice Mantha wanted to know whether the commission invited applications from communities for inclusion under the state OBC category. Senior counsel for the commission submitted that West Bengal Commission for Backward Classes Act, 1993, didn't provide for this. "The commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the state govt as it deems appropriate," the senior counsel submitted, reading out Section 9 (1). The senior counsel argued that no application was required to be invited for the purpose. Justice Mantha reminded the senior counsel about the earlier order in which the division bench gave directions to conduct a fair, transparent and just procedure to initiate the identification process. Advocate general Kishore Datta urged the bench to allow the commission to continue with the identification process based on the 11-point module of the Mandal Commission. Tired of too many ads? go ad free now Justice Mantha observed that the commission started the process in a different way. "We don't want to stall the identification process. You make an advertisement up to the gram panchayat level and involve block development officers," he said. The advocate general said he would submit details of the identification procedure at the next hearing on May 19 after getting instructions from the state . Counsel for the petitioner also complained that some govt departments were flouting the affidavit submitted by the chief secretary to the division bench that no recruitment would be made from the 114 communities struck down from the state OBC list. The division bench directed the petitioner to file an affidavit stating which departments went against the affidavit.
