Supreme Court to hear Bengal Government’s Challenge to Calcutta High Court’s Stay on OBC List

• The Supreme Court raised doubts about the Calcutta High Court’s decision to stay West Bengal’s OBC list.

• Chief Justice B.R. Gavai cited the Indira Sawhney judgment as a precedent, stating that backward classes could be identified through executive directions.

• Senior advocate Kapil Sibal cited a writ petition claiming a new list could only be prepared if the exercise was backed by legislation.

• The High Court stayed the State exercise on June 17, citing a writ petition claiming a new list should be backed by legislation.

• The case was listed for hearing on July 28.

• West Bengal withdrew its appeal against a High Court judgment in March 2024, which struck down a policy to include several castes, largely Muslim communities, in the OBC list.

• The 2024 High Court judgment affected five lakh OBC certificates issued in the State since 2010.