In one of its first major decisions after coming to power in West Bengal, the BJP government led by Chief Minister Suvendu Adhikari has decided to withdraw the state’s petition in the Supreme Court challenging the Calcutta High Court’s 2024 order that cancelled OBC status for 77 communities.

The Calcutta High Court delivered its verdict on May 22, 2024, striking down the inclusion of these 77 communities in the state’s OBC list. Out of them, 75 were Muslim communities, while two were Hindu communities. These groups had been added to the OBC category between March 2010 and May 2012 during the Left Front government and later under the Trinamool Congress government.

The High Court had observed that the reservations were granted mainly on religious grounds without proper surveys or data to prove social and educational backwardness. The court said this violated constitutional principles. Following the order, OBC certificates issued to members of these communities after 2010 were declared invalid and could not be used for jobs or educational admissions.

After the High Court verdict, the government led by Mamata Banerjee had approached the Supreme Court challenging the decision. However, the new BJP government has now decided to withdraw that petition.

According to a report by Anandabazar Patrika, the state government’s lawyer, Kunal Mimani, sent a formal letter to the Supreme Court Registrar on Thursday seeking permission to withdraw the case filed nearly two years ago by the previous government. The state has also requested an urgent hearing so that the withdrawal can be approved quickly.

The issue had become politically and legally significant over the years because of the expansion of the OBC list in West Bengal. The Left Front government had added 42 Muslim communities to the list, while the TMC government later included 35 more. In 2023, the TMC government also passed the OBC Reservation Act covering all 77 communities. At one point, the total number of OBC communities in the state had gone up to 179.

The High Court order had triggered a long legal battle involving surveys, counter-petitions, and interim stays. The Supreme Court had earlier granted temporary relief in some aspects of the matter, but the case remained pending before the apex court.

With the new government withdrawing the petition, the state is effectively accepting the High Court ruling. The move is expected to affect nearly five lakh OBC certificates issued to members of these communities since 2010.

The decision has come alongside a large-scale verification drive ordered by the state’s Backward Classes Welfare Department. The department has directed officials to re-check all SC, ST, and OBC certificates issued since 2011. Around 1.69 crore certificates are expected to come under scrutiny. This includes nearly 1 crore SC certificates, 21 lakh ST certificates, and 48 lakh OBC certificates.

Many of these certificates were distributed through the TMC government’s “Duare Sarkar” welfare camps. District Magistrates across the state have now been instructed to ensure that Sub-Divisional Officers carefully examine the documents. Authorities have also been asked to review second-generation certificates and take strict action if any fake or irregular documents are found. Certificates linked to voters whose names have been removed from the electoral rolls will also be reviewed.

Reacting to the decision, BJP state vice-president Tapas Ray supported the move and accused the previous government of bypassing constitutional norms. He said, “Trinamool acted arbitrarily. It did not follow any law, constitution, or rule. The same has happened in the case of OBC reservations. The new government has taken the right step.”

On the other hand, TMC spokesperson and MLA Kunal Ghosh criticised the BJP government’s decision. He said, “The previous government took steps to protect people’s interests. The new government’s decision will be examined at the legal level by the party leadership.”

The BJP has described the entire process as an attempt to end what it called “vote-bank politics” and irregularities during the previous regime. The government has also indicated that it plans to conduct a fresh survey in line with constitutional requirements. The purpose of the survey will be to identify genuinely backward communities and revise the OBC list accordingly so that reservation benefits reach eligible people through a legally valid process.