LAWS(CAL)-2024-5-59

AMAL CHANDRA DAS Vs. STATE OF WEST BENGAL

Decided On May 22, 2024
Amal Chandra Das Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present batch of Public Interest Litigations (PILs) challenge the identification and classification of 77 classes as Other Backward Classes (OBCs) in the State of West Bengal. The said 77 classes were declared OBC by seven Executive Orders/Memoranda issued between 5/3/2010 and 11/5/2012, by the State. The petitioners also challenge the constitutional vires of some provisions of West Bengal Backward Classes, (Other than SC and ST) (Reservation in Posts) Act of 2012.

(2.) In the judgment in the case of Indra Sawhney and Ors. Union of India and Ors. reported in 1992 Supp (3) SCC 847 the process of identification, declaration, classification and reservation for Other Backward Classes other than SCs and STs was clarified and streamlined. All States and the Central Governments were directed to set up a Tribunal or Commission to aid and assist in the identification of OBCs for reservation and or special benefits under Article 16(4) of the Constitution of India.

(3.) Accordingly, the West Bengal Commission for Backward Classes Act of 1993 (hereinafter referred to as the Act of 1993) was enacted by the State legislature. Under Sec. 3 of the said Act, The West Bengal Commission for Backward Classes (hereinafter referred to as the 'Commission', was constituted under the said Act. The Commission was empowered to identify backward classes in the State and make recommendations to the State. It was invested with the powers of a Civil Court in its functioning and was empowered to regulate its own procedure. It was to hear, complaints of overinclusion and under-inclusion of classes as OBCs. It was also empowered to advise the State even suo moto, as it deemed fit.