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Kolkata: The Supreme Court, while hearing the OBC reservation case of West Bengal, said that reservation cannot be given on the basis of religion, religion cannot be the basis of reservation. In 2010, 77 communities were included in the OBC category in Bengal, most of which belonged to the Muslim community. The Calcutta High Court canceled the decision, which the Bengal government challenged in the Supreme Court. Kapil Sibal, appearing for the Bengal government, defended the decision, after which the Supreme Court said that reservation cannot be given on the basis of religion.
The Supreme Court bench of Justice BR Gavi and Justice KV Vishwanathan said that reservation cannot be given on the basis of religion, in response Kapil Sibal said that the inclusion of 77 communities in OBC by the Bengal government was not on the basis of religion. There is backwardness in all societies. Justice Gavi later said that data is needed to show someone is backward. Later Sibal said that we have enough data. The High Court has canceled OBC reservation of 77 communities, which has affected many students. High Court strikes down provisions of West Bengal Backward Classes (other than SC, ST) (Reservation in Jobs etc.) Act 2012, Calcutta High Court gives similar decision as Andhra Pradesh High Court, Andhra case still pending Supreme Court Pending in court.
Responding to Kapil Sibal’s arguments, senior advocate PS Patwalia, appearing for other parties, said that the Calcutta High Court said that the Bengal government has declared people of 77 communities as OBC without any data base. The state can take this decision only after proper procedure. However, the Supreme Court expressed concern over a decision of the High Court and said why has the High Court abolished the power given to the states for classification by law?
Justice Gavi said that a provision of any law can be abolished only on the basis of misuse? Justice Vishwanathan, who was also on the bench, agreed with Justice Gavai’s comments. Kapil Sibal, appearing on behalf of the Bengal government, sought interim relief, although the Supreme Court has not given any relief, now the further hearing of this case will be held on seven dates in the month of January. It is noteworthy that the West Bengal government had included people from 77 communities of the state in OBC, most of whom are from the Muslim community. The Calcutta High Court quashed the decision of the Bengal government and said that the OBC reservation given to these 77 communities appeared to be based entirely on religion. The decision of the High Court was later challenged by the Bengal Government in the Supreme Court, the hearing on which is currently going on.
