Latest news with #2012Act
The Hindu
13 hours ago
- Politics
- The Hindu
Calcutta HC orders interim stay on notification of OBC list in W.B.
In a setback to the West Bengal government, the Calcutta High Court on Tuesday directed an interim stay on the preparation of a new list of Other Backward Caste (OBC) communities. A Division Bench of Justices Rajasekhar Mantha and Tapabrata Chakraborty issued the interim stay till the next date of hearing on July 31. The order was passed by the Division Bench following a petition seeking intervention of the High Court. The court also put a stay on the State government's decision to open a portal for submission of caste certificates for the purpose of addition of OBC communities in the new list. The Calcutta High Court in May 2024 had cancelled the OBC reservation awarded to 77 categories, highlighting a complete lack of legislative policy within the 2012 scheme to classify any group as OBC. The State government has approached the Supreme Court and the matter is pending before it. On June 10, the West Bengal government tabled a new OBC list in the State Assembly with minor changes compared to the previous list. Question posed During the proceedings in the court, the Division Bench asked why the new OBC list had been finalised by introducing amendments to the 2012 Act. The High Court's order came on a day when the State government opened a portal for admission in colleges and universities based on the new OBC list. There seems to be no clarity on the fate of the admission process particularly for those availing admission under the OBC category. Decision welcomed Leader of Opposition in the West Bengal Assembly Suvendu Adhikari in a social media post welcomed the order 'to stay the inclusion of 76 Muslim classes in the new OBC list prepared by the Mamata Banerjee government'. The Bengal BJP leadership had accused the Trinamool Congress government of 'appeasement politics' for including Muslims in the OBC list. Mr. Adhikari said contrary to the claims of the State Advocate General that the Opposition has not opposed the OBC list tabled in Assembly, he had raised objections to the fresh OBC list tabled by the Chief Minister.
Time of India
13 hours ago
- Politics
- Time of India
Mamata Banerjee's new OBC list also hits high court hurdle
West Bengal CM Mamata Banerjee KOLKATA: Calcutta HC temporarily stayed Tuesday Bengal govt's new OBC list of 140 sub-groups - 80 Muslim, 60 non-Muslim - till July 31, halting a move that had replaced the earlier 113-group list struck down by the court in May last year. A division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha paused the June 3 gazette notification and all related state orders, including the portal inviting OBC caste certificate applications. HC found procedural flaws in the state's execution under West Bengal Commission for Backward Classes Act, 1993, after the 2012 law had been adopted. "The next obvious step after passing the draft notification on OBC laid in the assembly would have been to introduce an amendment to the 2012 Act," said Justice Mantha. "You complied with the legislative procedure the court ordered in May 2024. But then you abandoned the 2012 Act and took steps under the 1993 Act." Justice Chakraborty questioned why the state was pushing ahead when the matter was pending before Supreme Court. "Keep your hands off until Supreme Court hears the matter. We are not going to pass any interim order," he said. Supreme Court's next hearing is scheduled for July. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Free P2,000 GCash eGift UnionBank Credit Card Apply Now Undo Bengal govt is weighing a challenge to the temporary stay. "It is an interlocutory order, but there are grounds to appeal. The apex court was informed during the March hearing that a fresh survey was underway," a senior official said. The new list expanded the number of Muslim sub-groups from 77 to 80 and non-Muslim groups from 36 to 60. CM Mamata Banerjee had defended the formula last week: "Backwardness, not religion, was the sole criterion in the fresh OBC survey in Bengal." The stay could affect admissions and recruitment as current OBC reservations will drop below 17% without the expanded list. Senior counsel S Sriram, representing the petitioner, said the executive had no authority under the 2012 Act to declare OBC reservations. "The 2012 Act explicitly states that only the legislature can make provisions for reservation under the Act or Article 16(4) of the Constitution," he said.
