SC raises questions on Calcutta HC order that refused OBC tag to 77 communities
Hindustan TimesNEW DELHI: The Supreme Court on Monday raised questions about the validity of the Calcutta high court order in May this year that set aside the West Bengal government’s decision to classify 77 communities, mostly Muslims, as other backward classes and agreed to consider on January 7 whether reservation to these classes can be permitted this year Senior advocate Kapil Sibal appearing for the West Bengal government along with advocate Astha Sharma told the Supreme Court that the Calcutta high court’s order was “bizarre”. We can understand the high court saying that the classification was bad but on that ground, how can it be set aside.” The court, which was hearing an appeal by the Mamata Banerjee government against the May 22 high court decision, was referring to section 5 of the West Bengal Backward Classes Act 2012 that empowered the state government to allocate 17% posts in government posts to members of OBCs. The high court should not have struck down the enabling provision in the 2012 Act that gives power to the state to make such classification.” Senior advocate PS Patwalia appearing for the petitioners in the high court said that the state failed to follow the procedure mandated under law to extend reservation to those communities who belonged to a particular religion. This became necessary as the high court order said that the state’s decision was guided by vote politics., “Identification of the classes in the said community as OBCs for electoral gains would leave them at the mercy of the concerned political establishment and may defeat and deny other rights.