Supreme Court blocks Calcutta High Court order staying new OBC list in Bengal
Calcutta High Court
order that had put a stay on the implementation of the TMC-led West Bengal government's new list of Other Backward Classes (OBCs).
Calling it "surprising" and seemingly "erroneous", a bench headed by Chief Justice of India BR Gavai urged the Chief Justice of the high court to place the dispute before a bench different from the one that had ordered the stay.
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The SC was hearing a plea by the Bengal government challenging the high court's order, which in June stayed notifications that reclassified OBC categories, and introduced changes in reservation quotas and new procedures for issuing caste certificates. The top court also asked the high court to take a final decision in a time-bound manner. "This is surprising. How can the high court stay? Reservation is a part of the functions of the Executive...We will request the Chief Justice to place it before some other bench," Chief Justice Gavai, speaking for the bench, said. The bench said prima facie the high court's stay order appears to be "erroneous". "The (State Backward classes) Commission has followed some methodology (before proposing changes to the OBC list). Whether it is correct or not correct, let the high court see. Prima facie, the (high court's stay) order is completely erroneous," the CJI observed. "We will request the high court to do it (decide on the matter) in six weeks. We can request the Chief Justice (of the high court) to constitute a special bench."
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