Explained| Why did Calcutta HC cancel OBC certificates issued since 2010?

The two-judge bench of Calcutta HC emphasised the total absence of legislative policy in the 2012 scheme that governed the State's authority to classify any group as OBC

The Calcutta High Court has cancelled all Other Backward Classes (OBC) certificates issued by the West Bengal government after 2010. The ruling directly impacts certificates issued during the tenure of the Trinamool Congress administration led by Chief Minister Mamata Banerjee since 2011.

Among the Sections invalidated were Section 16, the second part of Section 2(h), and Section 5(a) of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

The state administration allegedly distributed reservation percentages of 10 per cent and 7 per cent to the sub-classified categories. Consequently, the sub-classified categories OBC-A and OBC-B were removed from Schedule I of the Act. 

The court further observed, “Citizens from the 77 classes and 37 classes (added in the exercise of Section 16) struck down above, who are already in the service of the State, or have already availed the benefit of reservation or have succeeded in any selection process in the State, shall not be affected by the reason of this judgement.” 

OBC certificate verdict fallout

Around five lakh OBC certificates have been cancelled through this verdict. Those who have already attained employment or benefited from the OBC reservation will not be affected by the order. However, the cancelled OBC certificates cannot be used for applying for government jobs or availing other facilities.

Chief Minister Mamata Banerjee, meanwhile, has strongly opposed the order of the High Court and said she will move the Supreme Court if needed. Meanwhile, Prime Minister Narendra Modi called the ruling a “slap on the INDI alliance” and accused the TMC government of giving Muslims OBC certificates for “vote bank politics”.

Reasons for the cancellation

The Calcutta High Court found that while issuing OBC certificates after 2010, the state government had not followed the right and established laws. 

The High Court’s decision to cancel all Other Backward Class (OBC) certificates issued since 2010 stems from a series of legal and procedural deficiencies identified in the classification and reservation process for OBCs in West Bengal.

Here are the key reasons behind this landmark decision:

> The court found that the classification and sub-classification of OBCs carried out through several executive orders and memos were illegal. Specifically, the addition of 77 classes between 2010 and 2012, and their sub-categorisation under the West Bengal Backward Classes (Other than SC and ST) (Reservation in Posts) Act of 2012, were not in accordance with the law.

> Article 16(4) of the Indian Constitution allows the state to make provisions for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state. 

>However, the High Court found that the state government’s actions violated this constitutional provision. The improper classification and sub-classification meant that the reservations were not based on a valid, legally sound assessment of social and educational backwardness.

Court scrutiny reveals flaws

The court also noted a lack of ‘procedural integrity’ and manifest arbitrariness in the reports and recommendations of the Backward Classes Welfare Commission. The identification and inclusion of certain classes were not carried out through a transparent and fair process, which is a mandatory requirement for such significant decisions.

The High Court determined that the executive orders issued by the state government were a colourable exercise of power. This means that the powers vested in the government were used for a purpose other than that for which they were intended, leading to classifications that did not genuinely reflect the backwardness criteria mandated by law.

Relief for existing beneficiaries

While the court’s judgement rendered OBC certificates issued post-2010 null and void, it provided a prospective safeguard for those who had already benefited from the reservation. Individuals from the 77 classes who had secured employment or other benefits before the judgement would not have their services terminated or benefits revoked. This decision is aimed at mitigating the economic and social disruption that an immediate blanket cancellation might cause.

The judgement mandates that the state and the Backward Classes Welfare Commission conduct a fresh exercise for classifying OBCs. This exercise must adhere strictly to the legal and constitutional requirements to ensure that the classifications are valid and justifiable.