Supreme Court agrees to hear plea challenging Calcutta HC OBC certificate order
The Supreme Court on Thursday agreed to hear a plea challenging a Calcutta High Court order declaring OBC certificates issued by the West Bengal government during specified periods between May 8, 2025 and May 18, 2026 void.
A bench of Justices Joymalya Bagchi and V Mohana issued notice to the West Bengal government and other respondents and tagged the plea with a pending petition raising a similar issue.
"First, issue notice," the bench said.
During the hearing, counsel for the petitioner urged the court to restrain appointments to certain vacant posts until the matter was decided.
"We can't keep public posts vacant," the bench observed.
The court directed that any appointments made would remain subject to the outcome of the special leave petition and asked the state to incorporate the condition in appointment letters issued to successful candidates, if any.
The respondents, including the West Bengal government, were directed to file their counter affidavits within four weeks. The petitioner may file a rejoinder within two weeks thereafter.
The matter has been listed for November 23.
The Calcutta High Court, in its order, had said OBC certificates issued by the state between May 8, 2025 and June 12, 2025, as well as those issued between June 10, 2025 and May 18, 2026, would be "of no consequence and void ab initio".
The high court said people belonging to OBC categories that existed before 2010 would have to apply afresh for certification if they fell within classes protected by a May 2024 judgment of another bench of the court.
The court had also held that the re-declaration of 77 and 37 classes as OBC by the state Cabinet in May and June 2025 did not have the force of law.
The high court had said this followed the West Bengal government's withdrawal, on June 17, 2025, of its challenge before the Supreme Court to an order staying the relevant notifications.
The Supreme Court had earlier stayed the high court's June 17, 2025 order.
According to the high court, the withdrawal of the challenge resulted in the revival of its June 17 order, which had stayed notifications issued by the West Bengal government concerning OBC-A and OBC-B reservations under a June 13 notification.
The high court had in May 2024 struck down the OBC status granted to several classes in West Bengal since 2010, holding that the reservations provided to them in state services and posts were illegal.
It had struck down reservation granted to 77 classes between April and September 2010 and another 37 classes created under the state's 2012 reservation law.
