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The West Bengal government on Tuesday told the Supreme Court that the State Commission for Backward Classes has decided to examine the issue of backwardness for OBC classification in the State afresh.
Senior Advocate Kapil Sibal, who appeared for the West Bengal government, told a bench of Justices BR Gavai and Augustine George Masih that the exercise, as mentioned earlier, is likely to take three months. After noting the senior lawyers' submission, the top court posted the matter to be taken up in July this year. The bench noted that the state government would undertake the exercise without prejudice to the rights of the parties involved in the case. The Court was dealing with a plea filed by the West Bengal government challenging a Calcutta High Court order from May last year that had quashed the State government's decision to include 77 communities in the OBC category. Subsequently, when the aforesaid order was challenged before the apex court by the West Bengal government, a bench led by the then CJI DY Chandrachud in August last year refused to stay the same. In its August order, the top court also directed the State of West Bengal to file an affidavit explaining the process for designating 77 communities as OBCs. It has also directed the State to clarify whether a survey was conducted on social and educational backwardness and inadequate representation in state services. It also directed the state to address whether it consulted the West Bengal Commission for Backward Classes regarding the inclusion of these communities into OBC classes. Today, when the matter came up for hearing before the top court, the State submitted that a fresh examination regarding the classification of backward classes is slated to be conducted within three months. After noting the same, the Court stated, "If the entire exercise is redone, and after that, fresh reservation is provided for, and nobody is aggrieved, then this question will become irrelevant." (ANI)
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