In one of the first major administrative decisions taken after coming to power in West Bengal, the Bharatiya Janata Party government led by Chief Minister Suvendu Adhikari has decided to withdraw the state government’s petition pending before the Supreme Court against the Calcutta High Court’s landmark 2024 judgment that cancelled the Other Backwards Class (OBC) status granted to 77 communities in the state.

The issue had become one of the most politically sensitive reservation disputes in West Bengal over the past several years because the list included a large number of Muslim communities. Out of the 77 communities whose OBC status was struck down by the High Court, 75 belonged to Muslim groups, while only two were Hindu communities.

The Calcutta High Court, in its judgment delivered on May 22, 2024, had invalidated the inclusion of these communities in the OBC category. According to the court, these inclusions were made between March 2010 and May 2012 during the final phase of the Left Front government and were later continued under the Trinamool Congress administration led by Mamata Banerjee.

The court had raised serious constitutional concerns regarding the process followed for granting reservations. It observed that the communities were added to the OBC list mainly on religious considerations and not through a proper determination of social and educational backwardness as required under constitutional provisions. The bench held that there had been no adequate contemporary survey or objective data collection exercise to justify the reservation benefits granted to these groups.

As a result, the High Court cancelled all OBC certificates issued to members of these 77 communities after 2010. It also directed that such certificates could no longer be used for government appointments, educational admissions, or any reservation-related benefit in the state.

Following that judgment, the Mamata Banerjee government had approached the Supreme Court seeking relief against the High Court ruling. The legal battle then continued in the apex court with petitions, interim protections, objections, and multiple hearings stretching over many months.

However, the political change in the state has now altered the government’s stand in the matter.

According to a report published by Anandabazar Patrika, advocate Kunal Mimani, appearing on behalf of the state government, submitted a formal communication to the Supreme Court Registrar on Thursday seeking permission to withdraw the petition that had originally been filed by the previous Trinamool Congress government nearly two years ago.

The state government has also requested the Supreme Court to list the matter urgently so that formal approval for withdrawal can be granted at the earliest.

The controversy surrounding the OBC list in West Bengal had steadily expanded over the years because successive governments kept increasing the number of communities included under the reservation category. During the Left Front period, 42 Muslim communities were added to the OBC list. Later, the Trinamool Congress government added another 35 Muslim communities. In 2023, the state government further enacted a new OBC Reservation Act covering all 77 communities, taking the total number of OBC communities in West Bengal to 179 at one stage.

This expansion later became the subject of prolonged legal scrutiny and political confrontation. Court proceedings included fresh surveys, counter-petitions, interim orders, and repeated challenges regarding the constitutional validity of the reservation process. While the Supreme Court had granted interim relief in certain aspects earlier, the core matter remained pending before the apex court until the present decision by the new BJP government.

With the withdrawal move now initiated, the state government is effectively accepting the Calcutta High Court judgment. The decision is expected to affect nearly five lakh OBC certificates that were issued to members of these communities after 2010.

Simultaneously, the new administration has also launched a massive state-wide verification drive involving caste certificates issued over the past several years.

The Backward Classes Welfare Department has ordered the re-verification of all Scheduled Caste (SC), Scheduled Tribe (ST), and OBC certificates issued since 2011. The total number of documents under scrutiny is estimated at nearly 1.69 crore. Officials stated that this includes around 1 crore SC certificates, approximately 21 lakh ST certificates, and nearly 48 lakh OBC certificates issued across the state.

A large number of these certificates had reportedly been distributed through the Trinamool Congress government’s flagship outreach initiative known as “Duare Sarkar” or “Doorstep Government” camps, which were organised across districts to deliver government services directly to citizens.

Under the new verification exercise, District Magistrates across West Bengal have been instructed to direct Sub-Divisional Officers to carefully examine all certificates, including second-generation certificates issued on the basis of earlier documents. Authorities have also been asked to identify irregularities, fake claims, or procedural violations. Officials indicated that certificates connected to individuals whose names were removed from electoral rolls would also undergo review.

Reacting to the decision, BJP state vice-president Tapas Ray welcomed the withdrawal of the petition and sharply criticised the previous government’s handling of reservations.

He stated, “Trinamool acted arbitrarily. It did not followed any law, constitution, or rule. The same has happened in the case of OBC reservations. The new government has taken the right step.”

On the other hand, Trinamool Congress spokesperson and MLA Kunal Ghosh opposed the move and defended the earlier government’s actions.

He said, “The previous government took steps to protect people’s interests. The new government’s decision will be examined at the legal level by the party leadership.”

The BJP government has projected the entire development as a corrective measure against what it describes as “vote-bank politics” pursued under the earlier administration. According to government sources, a fresh survey aimed at identifying genuinely backward communities through constitutionally valid procedures is expected to be carried out in the coming months.

The administration has indicated that the revised exercise will focus on creating an updated and legally sustainable OBC framework so that reservation benefits are extended only after proper verification of social and educational backwardness.