West Bengal Govt Approaches Supreme Court Challenging Calcutta HC Staying New OBC List Notification

The State of West Bengal has approached the Supreme Court challenging the Calcutta High Court's order staying the new list of Other Backward Classes (OBCs).

Senior Advocate Kapil Sibal, for the State, mentioned the matter before Chief Justice of India BR Gavai for urgent listing, upon which the CJI agreed to list it next Monday.

"A writ petition was filed challenging the new list, saying we have to legislate, which is contrary to all judgments," Sibal said. CJI Gavai said that it has been held right from the Indira Sawhney case that the executive can identify the OBCs.

"Right from Indira Sawhney (judgment), the position is that the executive can do...," CJI said. Sibal added that a contempt petition has been filed in the High Court and prayed that the contempt proceedings be stayed. CJI said, let the matter get listed.

The challenge is to the order passed by the High Court on June 17 staying the new OBC list. The State prepared the new list after the Calcutta High Court, in May 2024, quashed the inclusion of as many as 77 communities in the OBC list. Although the State challenged that judgment in the Supreme Court, the State later told the Court that the State Commission would conduct a fresh exercise of identification of OBCs.

While staying the new list, the High Court prima facie observed that State was attempting to reintroduce to the same OBC classes which were earlier struck down.