Make ads, invite applications for backward class tag: HC to panel
Calcutta High Court
on Tuesday directed
West Bengal Commission for Backward Classes
to make advertisements down to the gram panchayat level, inviting applications for inclusion of a community into the
backward class category
.
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A division bench of justices Tapabrata Chakraborty and Rajasekhar Mantha took exception to the
OBC Commission
acting on applications already received. Counsel for the petitioner, Subir Sanyal, pointed out that the commission was conducting public hearings only from the applications received from 113 communities.
The division bench had earlier struck down categorisation of 37 and then 77 classes under Schedule I of the state list of OBCs.
"This is a tailor-made process," Sanyal said.
Justice Mantha wanted to know whether the commission invited applications from communities for inclusion under the state OBC category. Senior counsel for the commission submitted that West Bengal Commission for Backward Classes Act, 1993, didn't provide for this. "The commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the state govt as it deems appropriate," the senior counsel submitted, reading out Section 9 (1).
The senior counsel argued that no application was required to be invited for the purpose.
Justice Mantha reminded the senior counsel about the earlier order in which the division bench gave directions to conduct a fair, transparent and just procedure to initiate the identification process. Advocate general Kishore Datta urged the bench to allow the commission to continue with the identification process based on the 11-point module of the Mandal Commission.
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Justice Mantha observed that the commission started the process in a different way. "We don't want to stall the identification process. You make an advertisement up to the gram panchayat level and involve block development officers," he said. The advocate general said he would submit details of the identification procedure at the next hearing on May 19 after getting instructions from the state .
Counsel for the petitioner also complained that some govt departments were flouting the affidavit submitted by the chief secretary to the division bench that no recruitment would be made from the 114 communities struck down from the state OBC list.
The division bench directed the petitioner to file an affidavit stating which departments went against the affidavit.
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