The Supreme Court on Tuesday fixed September 2 for hearing a batch of petitions challenging the Calcutta High Court ruling cancelling all the Other Backward Class (OBC) certificates issued in West Bengal since 2010.
A bench presided over by Chief Justice of India (CJI) D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra decided to adjourn the proceedings for a week after senior advocate Kapil Sibal, representing the Bengal government, sought more time.
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In an earlier hearing, the top court had agreed to examine the batch of special leave petitions, and also issued notice on the application for stay of operation of impugned decision of the Calcutta High Court.
It had asked the West Bengal government to explain the process followed for designation of 77 communities as OBCs and if any survey was carried out on the twin aspects of social and educational backwardness, and inadequacy of representation in the services of the state.
The apex court also asked if any consultation was carried out by the state government with regard to the sub-classification of the OBCs with the West Bengal Commission for Backward Classes.
The Calcutta High Court, in its May 22 judgment, said that over 5,00,000 OBC certificates issued since 2010 cannot be used for seeking reservations for jobs now.
A division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha effectively cancelled all OBC certificates issued by the incumbent Trinamool Congress-led regime that came to power in 2011.
It clarified that its order will have a prospective effect and will not affect those who have already secured jobs using the certificates issued after 2010.
The Calcutta HC said that the state Assembly will now decide who all are eligible to apply for OBC certificates, adding that the West Bengal Backward Class Commission will now decide the list of caste categories that can be included in the OBC list.
