Calcutta High Court Cancels OBC Certificates Issued By West Bengal Govt Since 2010, More Than 5 Lakh May get Affected; Mamata Banerjee says “Won’t Accept”

The Calcutta High Court on Wednesday cancelled all Other Backward Classes (OBC) certificates issued in West Bengal after 2010 calling them "illegal". This, the division bench of the High Court, however, clarified would not affect the people currently holding jobs or seats in educational institutions or enjoying other benefits using those caste certificates. A division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha delivered the verdict in a plea challenging the process of granting OBC certificates in the state, what is feared to affect more than five lakh people.

The court has struck down 37 classes for reservation as Other Backward Classes (OBC) given under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. The court has pointed out the sub classification of OBC by the state government was done on the basis of recommendations essentially based on religion.

Chief Minister Mamata Banerjee reacted sharply, called the order political and said she "will not accept" the order, which may take away the rights granted to the Tapashili community. “How can the court decide on a law passed in the assembly. It was done on the basis of a survey. PM Modi had claimed that Muslims will cancel the reservations for Tapashilis. It was a divisive agenda again. And this is what they got the court to do today. I respect the courts. But I do not accept the judgment that says Muslims should be kept out of OBC reservation. OBC reservations will continue. We will go to a higher court if need be," Mamata Banerjee said.

The political fight has erupted over the judgement with BJP welcoming it. Prime Minister Narendra Modi was one amongst the first to react and called it a slap on the face of Mamata Banerjee government. “The High Court has struck a big slap in the face of INDIA alliance. The court action tells the arbitrary manner in which OBC status was given to Muslim community for vote bank politics”, PM Modi said from an election rally in Dwarka, Delhi.

Union Home Minister Amit Shah, who was touring Bengal, questioned if a chief minister holding a constitutional position can defy a court order. “Mamata Banerjee gave OBC reservation to 118 Muslim castes without any survey. Someone went to court... Mamata Banerjee wants to rob the reservation of backward classes for her vote bank and give that reservation to Muslim castes. People of Bengal will decide if they want a chief minister who openly says will defy the court order,” he asked.