Cal HC cancels OBC certificates issued after 2010,
22-May-2024 07:06 PM 2475
affecting nearly 5 lakh people Kolkata, May 22 (Reporter) Calcutta High Court on Wednesday cancelled all OBC certificates issued in West Bengal after 2010. Court sources said the order would affect some 5,00,000 ( five lakh) recipients of Other Backward Classes. The high court struck down the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 section 2H, 5, 6 and Section 16 and Schedule I and III as 'unconstitutional', sources added. The Division Bench comprising justices Tarapada Chakraborty and Rajasekhar Mantha, whilst delivering the judgement said the executive order of the state government classifying 66 classes of OBC before 2010 were not interfered with, since these were not challenged in the petition. The Public Interest Litigation of 2011 claimed that all OBC certificates given out after 2010 bypassed the 1993 (West Bengal Backward Class Commission) Act. Those actually from backward class were not offered their due certificates and thus the court annulled all OBC certificates given out after 2010. " Those with OBC certificates before 2010 will not bear the brunt of the Calcutta HC hearing, " lawyer Sudipta Dasgupta said. This effectively means that all OBC certificates issued between 2010 and 2024 have been set aside and now a person can now avail the benefit of various schemes provided to the holders of these Certificates. The double bench clarified that the order will not affect the services of citizens of the ejected classes, who are already in service or have been benefited by reservation or have succeeded in any selection process of the state. The list of backward classes is to be prepared according to the new Act of 1993, the court held. The list will be prepared by the West Bengal Backward Classes Commission. Those who were in the OBC list before 2010 will remain. However, after 2010, OBC nominations have been cancelled. After 2010, those who have jobs under the OBC quota or are in the process of getting them cannot be excluded from the quota. There will be no impact on his job. Reacting to the court order, West Bengal chief minister said " she is not accepting the court order," Without naming the judges, Banerjee said, "This is BJP ploy and we will not accept the order." Addressing an electioneering at Khardah in North 24 Parganas, Banerjee said the OBC reservation would continue in the state, as the Bill was passed under the framework of the Indian Constitution. "The OBC reservation quota introduced by the West Bengal government will continue. We had drafted the Bill after conducting a house-to-house survey, and it was passed by the cabinet and the assembly,” the TMC supremo said. BJP's national spokesman Amit Malvia said the court order was a fresh blow to Mamata Banerjee's "repressive" appeasement policy. " In another blow to Mamata Banerjee’s regressive appeasement politics, Calcutta High Court has struck down Muslim reservation under the OBC sub-category. It has also invalidated all OBC certificates issued between 2010-2024. Those admitted, if they manage to retain their jobs, won’t be entitled for any further benefits," Malvia said on his social media...////...
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