May 22nd 2024.
In a significant ruling, the Calcutta High Court has declared the OBC (Other Backward Classes) status of several classes in West Bengal as illegal. This decision comes after the court reviewed petitions challenging the reservations provided under the Act of 2012 for vacancies in state services and posts. The court has clarified that individuals from the affected classes who are currently employed or have previously benefited from the reservations will not be affected by this order.
According to a lawyer involved in the case, this judgment will have a major impact on a large number of people in the state. The court has declared several classes as OBCs under the West Bengal Backward Classes Act, 2012, to be struck down. In their verdict, the division bench, comprising of justices Tapabrata Chakraborty and Rajasekhar Mantha, explained that they did not interfere with the executive orders of the state government that classified 66 classes as OBCs before 2010, as they were not challenged in the petitions.
The bench further directed that the state's executive orders, which classified 42 classes as OBCs from March 5, 2010, to May 11, 2012, be quashed with prospective effect, due to the illegality of the reports recommending such classification. The court also stated that the opinion and advice of the Backward Classes Commission usually hold weight with the state legislature under the National Commission for Backward Classes Act, 1993.
Furthermore, the bench has directed the Backward Classes Welfare Department of the state to consult with the Commission and submit a report to the legislature with recommendations for the inclusion or exclusion of new classes in the state's OBC list. This decision comes as a hope for individuals from communities that have been excluded from the OBC list and for those who have been fighting for equal opportunities. This ruling further strengthens the need for a fair and inclusive system that benefits all citizens.
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