Kolkata: West Bengal OBC Reservation has undergone major changes after the State Assembly passed two amendment Bills to restructure the reservation system. The new laws remove 77 communities from the OBC list and bring the reservation framework in line with the 2024 Calcutta High Court judgment. The government says the changes aim to follow legal procedures while restoring the role of the West Bengal Commission for Backward Classes.
Details of West Bengal OBC Reservation
The West Bengal Legislative Assembly passed two amendment Bills related to OBC reservations in government jobs and services. The Bills amend:
- The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) Reservation of Vacancies in Services and Posts Act.
- The West Bengal Commission for Backward Classes Act, 1993.
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These changes replace the previous framework that was struck down by the Calcutta High Court in May 2024.
Why Were the West Bengal OBC Reservation Bills Introduced
The legislation follows the Calcutta High Court’s judgment, which ruled that the inclusion of 77 communities in the OBC list after 2010 was legally invalid.
The court said the State Government did not follow the required legal process and relied mainly on executive decisions instead of recommendations from the Backward Classes Commission. The State government’s appeal against that judgment is still pending before the Supreme Court.
What Changes Under the New Law
According to the State Government:
- The revised OBC framework keeps 66 communities that were recognised after surveys conducted before 2010.
- 77 communities whose inclusion was invalidated by the High Court have been removed.
- The OBC reservation in government services has been fixed at 7%, replacing the earlier structure.
- The West Bengal Commission for Backward Classes has been given statutory powers to conduct surveys, examine applications, and recommend inclusion or exclusion of communities from the OBC list.
Assembly Voting
The Bills were passed after a division in the Assembly. According to reports, 186 members voted in favour, while 17 voted against. Some Opposition members staged a walkout during the proceedings.
Government’s Stand
Backward Classes Development Minister Gourishankar Ghosh said the amendments were brought to implement the High Court’s directions.
The government also said the new law restores the statutory role of the West Bengal Commission for Backward Classes in identifying backward communities through proper surveys and legal procedures.
Background of the West Bengal OBC Reservation
On May 22, 2024, the Calcutta High Court struck down the inclusion of 77 communities in the OBC list. The court observed that religion appeared to be the dominant factor in granting OBC status to several communities and held that the reservation exercise had not followed the procedure prescribed under the law. However, the court protected appointments already made using the earlier OBC certificates. The legal challenge to the judgment is currently pending before the Supreme Court.
