'Surprising, Erroneous' : Supreme Court Stays Calcutta HC Order Which Stayed New OBC List In West Bengal

The Supreme Court on Monday stayed the Calcutta High Court's order which stayed notifications regarding the new list of Other Backward Classes (OBCs) in the State of West Bengal.A bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria passed the interim order while issuing notice on the Special Leave Petition filed by the State of West Bengal.The bench expressed surprise at the reasoning adopted by the High Court that only the legislature has the power to approve the OBC list."We will issue notice in this. This is surprising! How can the High Court stay like this? Reservation is part of the executive functions. This is the settled law right from Indira Sawhney, the position is that the executive can do it. Executive instructions are enough for providing reservations and legislation is not necessary. We are surprised...What is the High Court's reasoning!" CJI Gavai said as soon as the matter was taken. CJI Gavai expressed disagreement with the High Court's observation that "The State ought to have placed the reports and the bills before the Legislature for amendment and introduction of classes in the Schedule of the 2012 Act."Senior Advocate Kapil Sibal, for the State, urged the bench to stay the High Court's order as well, saying that several appointments and promotions have been stalled because of this. Contempt petitions are also now filed before the High Court, he added, pressing for a stay.When the bench expressed inclination to grant the interim order, Senior Advocate Ranjit Kumar, for the respondents, objected, saying that as per the law enacted by the State itself, the list has to be approved by the legislature. Senior Advocate Guru Krishnakumar, for other respondents, also opposed the interim order, arguing that the preparation had been done without any data. Sibal submitted that the new list is prepared on the basis of a fresh survey and report by the State Backward Classes Commission. Even the High Court does not have a case that the Commission has not done the exercise, Sibal argued.CJI Gavai suggested to the respondents that the Court can ask the High Court to decide the matters soon, but by a different bench. "If you are willing, we will direct the HC to hear the matter in stipulated timeline, till then status quo will maintain. We will ask the Chief Justice to constitute another bench to hear," CJI suggested. However, the respondents submitted that they will raise the arguments before the Supreme Court.Ultimately, the bench stayed the High Court's order, orally saying it was "prima facie erroneous". "The commission has followed some methodology. It may be correct or not correct, that will be decided by the High Court finally," CJI said."Issue notice. In the meantime, there shall be a stay to the impugned order," the bench observed in its order.The challenge is to the order passed by the High Court on June 17staying the new OBC list. The State prepared the new list after the Calcutta High Court, in May 2024, quashed the inclusion of as many as 77 communities in the OBC list. Although the State challenged that judgment in the Supreme Court, the State later told the Court that the State Commission would conduct a fresh exercise of identification of OBCs.While staying the new list, the High Court prima facie observed that State was attempting to reintroduce to the same OBC classes which were earlier struck down.Case : THE STATE OF WEST BENGAL Vs PURABI DAS | SLP(C) No. 17422/2025 and connected cases Click Here To Read/Download Order

'Surprising, Erroneous' : Supreme Court Stays Calcutta HC Order Which Stayed New OBC List In West Bengal

Anmol Kaur Bawa

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