Supreme Court stays Calcutta HC order on West Bengal OBC list

The Supreme Court on Monday, 28 July, stayed the Calcutta High Court's decision that had stalled the implementation of a revised list of Other Backward Classes (OBCs) notified by the West Bengal government.

“Prima facie, the high court order seems to be erroneous,” said a bench comprising Chief Justice of India B.R. Gavai and justices K. Vinod Chandran and N.V. Anjaria while hearing the appeal of the state government.

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On 17 June, the Calcutta High Court ordered an interim stay on notifications issued by the state government with regard to reservations to 140 subsections under OBC-A and OBC-B categories made by it.

At the outset, the bench took note of the submissions of senior advocate Kapil Sibal, appearing for the state government, and said, “This is surprising. How can the high court pass such an order? Reservation is part of the executive function."

The state had prepared the new list after the high court, in May 2024, quashed the inclusion of as many as 77 communities in the OBC list.