West Bengal Withdraws Appeal In Supreme Court Against Calcutta HC Verdict Striking Down OBC Status For 77 Communities
The West Bengal government on Tuesday withdrew its appeal before the Supreme Court challenging the Calcutta High Court's judgment that had struck down the inclusion of 77 communities, mostly Muslim communities, in the State's Other Backward Classes (OBC) list.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana permitted the withdrawal after Solicitor General Tushar Mehta, representing the State, informed the Court that the West Bengal Cabinet had taken a decision to withdraw the appeal. It is significant to note that the decision has taken after the government led by the BJP assumed power in the State in May after the 2026 assembly elections. The appeals were filed by the previous government led by the Trinamool Congress.
The State Backward Classes Commission also withdrew its separate appeal filed against the High Court's verdict.
Senior Advocate Shadan Farasat, for some impacted persons, sought liberty to pursue separate SLPs.
While allowing the withdrawals, the Supreme Court clarified that its order would not preclude any other aggrieved party from pursuing an appeal against the Calcutta High Court judgment.
The Calcutta High Court had, in May 2024, invalidated the inclusion of 77 communities in the State's OBC list, holding that the reservation granted to them was legally unsustainable. Of these, 75 were Muslim communities. The High Court had found that the identification process suffered from legal infirmities and set aside the relevant notifications granting OBC status.
With the withdrawal of the State government's appeal, the challenge to the High Court judgment will now survive only if pursued by other appellants or affected parties before the Supreme Court, as clarified by the Bench.
Recently, the West Bengal Legislative Assembly passed two Bills restructuring the State's OBC reservation framework in accordance with the High Court's judgment. The legislation amended the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act and the West Bengal Commission for Backward Classes Act, 1993, replacing the earlier framework that had been struck down.
Under the revised framework, the State retained only the 66 communities recognised on the basis of surveys conducted before 2010 and removed the 77 communities whose inclusion had been invalidated by the High Court. It also reduced OBC reservation in government services and posts from 17% to 7% and restored the statutory role of the Backward Classes Commission in conducting surveys, examining applications for inclusion or exclusion of communities and making recommendations to the State Government.
Case Details : THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. - 27287/2024