The Supreme Court on Monday stayed the Calcutta High Court order that had granted an interim stay on the new list of Other Backward Classes issued by the West Bengal government.

A bench led by Chief Justice of India BR Gavai and also including Justices K Vinod Chandran and NV Anjaria passed the interim order while granting notice on a Special Leave Petition filed by the state government. The Court fixed the matter for further hearing next Monday.

The Calcutta high court had earlier issued an interim stay on the new list of OBCs prepared by the state government. "Prima facie, the high court order appears to be incorrect," the bench remarked.

On June 17, the Calcutta high court had stayed the state’s notifications granting reservations to 140 subcategories under the OBC-A and OBC-B categories.

At the start of the hearing, the Supreme Court bench heard arguments by senior advocate Kapil Sibal, who appeared for the state. The bench observed, "This is surprising. How can the high court issue such an order? Reservation is a part of the executive function."

The West Bengal government had prepared the new OBC list after the high court in May 2024 cancelled the inclusion of 77 communities from the previous list of OBCs.