OBC QUOTA FOR MUSLIMS

Government Orders

• Between March 5 and September 24, 2010, the West Bengal government issued notifications classifying 42 communities, of which 41 were Muslim, as OBCs, granting them reservation benefits.
• Additionally, on September 24, 2010, an order further categorized the existing 108 OBCs (66 pre-existing and 42 newly identified) into two sub-categories: OBC-A (more backward) and OBC-B (backward).

Legal Challenges

• The first challenge was filed in 2011 against the classification of 42 communities as OBCs. The argument centred around religion being the sole criterion and the lack of proper data or a scientific survey to support the classification.
• In May 2012, the Mamata Banerjee government included another 35 communities, with 34 being Muslim, in the OBC category. This decision was also challenged in the High Court.

Legislative Action

• In March 2013, the West Bengal government enacted the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of vacancies and posts) Act, 2012. This act incorporated all 77 newly classified OBC communities (42+35) into Schedule I. Two petitions challenged the Act itself.

In its judgment, the High Court referenced the Supreme Court's ruling in the landmark case of Indra Sawhney v Union of India (Mandal judgment), a pivotal case concerning reservations.

• The High Court heavily relied on the 1992 judgment by a nine-judge Bench, which stipulated that Other Backward Classes (OBCs) cannot be identified and granted reservation solely based on religion. It also mandated the establishment of Backward Classes Commissions by all states to identify and recommend eligible classes for inclusion or exclusion from the state's OBC list.
• Both the Commission and the government asserted that the 77 identified classes were recommended based on applications received from citizens, followed by the Commission's recommendation to the government.
• The High Court observed that the Commission's recommendation was swiftly made after the Chief Minister publicly announced a quota for Muslims in February 2010. There were no objective criteria used to assess the backwardness of these classes.
• The Court concluded that religion appeared to be the sole criterion for designating these communities as OBCs. The reports submitted by the Commission seemed to mask these religion-specific recommendations.
• The High Court expressed scepticism, suggesting that the identification of the 77 classes might have been politically motivated. It implied that these classes were being treated as a "vote bank" for political gain rather than genuine social welfare considerations.

The Calcutta High Court's decision extended beyond the classification of the 77 communities. The court also struck down specific provisions within the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of vacancies and posts) Act, 2012.

Key Provisions Struck Down

• The act allowed the state government to categorize OBC reservations into OBC-A ("more backward") and OBC-B ("backward") categories. The court rejected this provision.
• The act allowed the state to modify the Schedule listing OBC communities. This provision was also struck down.

Reasoning Behind the Court's Decision

• The West Bengal Backward Classes Commission argued that consulting the government before creating the sub-classification wasn't within its purview. However, the court emphasized the necessity of state government consultation with the Commission to ensure a fair and impartial classification process, including sub-classification.
• The court highlighted the importance of utilizing data collected by the Commission to determine the different levels of deprivation faced by various communities. Sub-classification, as envisioned by the court, should be based on this data to effectively address varying needs.