Issue of OBC Reservation in WB | 06 Aug 2024

Source: TH

Recently, the Supreme Court (SC) has directed the West Bengal government to clarify the criteria used to classify 77 castes, predominantly Muslim communities, as Other Backward Classes (OBC) between 2010 and 2012.

SC has requested the State to clarify the survey methods used to assess the social and educational backwardness of these communities and their representation in public services.
In May 2024, the Calcutta High Court (HC) annulled all OBC certificates issued by the West Bengal government since 2010 by invalidating specific sections of the West Bengal Backward Classes (Other than SC and ST) (Reservation in Posts) Act of 2012.
- The HC found the classification and subclassification of OBCs through executive orders and memos to be illegal and violative of Article 16(4) of the Indian Constitution.
- Article 16(4) allows the state to designate certain appointments or positions for backward classes of citizens who are considered to be underrepresented in public services.
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.
  - State government in 2023 redistributed this sub-quota among Vokkaligas and Lingayats