Rapid Fire
Calcutta HC Quashed OBC Quota for Muslims
- 31 May 2024
- 2 min read
Recently, the Calcutta High Court struck down orders of the West Bengal government providing reservations to multiple communities, including Muslims, under the OBC category.
- In 2013, the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies and Posts) Act, 2012, was notified under which 77 communities (including 75 Muslim communities) were included in Schedule I of the Act.
- The division Bench of Calcutta HC found that religion had been the “sole” basis for the West Bengal Backward Classes Commission and the state government to provide reservation, which is prohibited under the Article 16 of the Constitution and via previous court orders.
- The Court specifically cited the landmark judgement of Indra Sawhney vs Union of India (1992) where the Supreme Court established that the identification and designation of OBC communities for reservation purposes cannot be based solely on religious affiliation.
- Similar Religion-based Reservation in Other States:
- Kerala: Provides an 8% Muslim quota within its 30% OBC quota.
- Tamil Nadu and Bihar: Also Include Muslim caste groups in their OBC quota.
- Karnataka: Had a 4% sub-quota for Muslims within the 32% OBC quota.
- Andhra Pradesh: Provides 5% reservations quota to the backward Muslim Community.
Read more: Issue of Reservation for Muslims in Andhra Pradesh
