New OBC list: State seeks urgent hearing in SC over Cal HC stay

Kolkata: The State of West Bengal is learnt to have mentioned before the Supreme Court an appeal against the Calcutta High Court’s order staying the implementation of a newly notified list of Other Backward Classes (OBCs).

Senior Advocate Kapil Sibal, appearing for the state, reportedly sought urgent listing of the matter before Chief Justice of India BR Gavai, who agreed to hear the case next Monday.

The High Court, in its June 17 order, had stayed the new OBC list, observing that the state appeared to be reintroducing several communities that had previously been removed. In May 2024, the High Court had quashed the inclusion of 77 communities from the earlier OBC list, citing lack of proper data and failure to follow statutory procedures.

Following that ruling, the state had approached the Supreme Court, but later submitted that it would conduct a fresh identification of OBCs through the State Commission. However, the state went ahead and notified a new list, which was again challenged before the High Court. The High Court stayed the list, stating that the re-inclusion of previously disqualified communities was prima facie evident.

During the Supreme Court mention, Sibal reportedly submitted: “A writ petition was filed challenging the new list, saying we have to legislate, which is contrary to all judgments.”

He is learnt to have also informed the court that a contempt petition had been filed before the High Court and requested that the contempt proceedings be stayed.

CJI Gavai responded: “Right from Indra Sawhney (judgment), the position is that the executive can do...,” indicating that identification of OBCs falls within executive powers.

The state’s appeal challenges the interim stay granted by the High Court and seeks to restore the implementation of the revised OBC list, which remains suspended pending further judicial scrutiny.