SC to Hear Bengal's Plea on OBC Subgroup Classification Dispute

The Supreme Court has agreed to hear a petition filed by the West Bengal government challenging a Calcutta High Court decision that invalidated the state’s classification of 113 subgroups under the OBC A and B categories. Chief Justice of India BR Gavai, heading the bench, scheduled the matter for July 28.

During the proceedings, senior advocate Kapil Sibal, appearing for the state, argued that the High Court’s May 21 order dismissed the classification effort solely on the grounds that it lacked legislative sanction, relying instead on executive orders. Sibal highlighted that the High Court had also halted a subsequent notification by the state that sought to add 140 more subgroups to the OBC list — 80 of whom belong to the Muslim community.

CJI Gavai noted that past judgments, particularly the landmark Indra Sawhney case of 1992, permit identification of backward classes through executive measures.

In a related development, the Calcutta High Court on June 16 stayed the state’s notification regarding the 140 new OBC subgroups. The court found that actions taken under the 1993 Backward Classes Commission Act lacked justification, especially since the 2012 Act had come into effect.

That stay was further extended by the High Court on Thursday and will now remain in force until August 31.

Meanwhile, in an unrelated matter, Justices Tapabrata Chakraborty and Rajasekhar Mantha rejected a request to start judicial recruitment processes in accordance with a June 17 order. The bench stated that any application on the issue will be considered on August 5.