Big blow for Mamata Banerjee: Calcutta HC cancels OBC certificates issued in West Bengal since 2010

In a groundbreaking ruling, the Calcutta High Court has passed a ruling on Wednesday to invalidate all Other Backward Classes (OBC) certificates issued in West Bengal since 2010.

The verdict came from a two-judge bench comprising Justice Tapabrata Chakrabirty and Rajasekhar Mantha. The judgement was delivered in response to a Public Interest Litigation (PIL) contesting the procedure for granting OBC certificates.

The high court mandated preparing a fresh OBC list as per the West Bengal Commission for Backward Classes Act of 1993 by the West Bengal Commission for Backward Classes, discrediting the OBC list compiled post-2010 as 'unlawful'.

Sections 2H, 5, 6, 16, along with Schedule I and III of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 were deemed 'unconstitutional' and consequently struck down by the high court.

Advocate Sudipta Dasgupta remarked on the context of the PIL, stating, "The PIL filed in 2011 contended that OBC certificates issued post-2010 bypassed the 1993 West Bengal Backward Class Commission Act, thereby depriving deserving individuals from the backward class of their entitled certificates." Emphasizing the impact of the Division Bench's ruling, he added, "Today's decision annuls all OBC certificates issued after 2010. Those possessing OBC certificates predating 2010 remain unaffected by the Calcutta HC's pronouncement."

However, the court has clarified that the ruling will not affect the people belonging to the Other Backward Classes who already are in jobs or have taken benefit by reservation or have already passed any exam in the state. 

The court also stated that since the petitions did not contest the state government's executive orders that classified 66 classes of OBCs prior to 2010, there was no interference with them.

West Bengal Chief Minister Mamata Banerjee responded to the news by declaring that she would not follow the high court's ruling.

This landmark judgment effectively nullifies all OBC certificates issued between 2010 and 2024, rendering individuals ineligible to avail the advantages associated with these certificates under various government schemes.