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...////...