Supreme Court Stays Calcutta High Court Order Blocking New OBC List in West Bengal

The Supreme Court on Monday stayed the operation of a Calcutta High Court order that had halted the West Bengal government’s decision to finalise a fresh list of Other Backward Classes (OBCs) in the state.

A bench led by Chief Justice of India D Y Chandrachud and comprising Justices K Vinod Chandran and N V Anjaria passed the interim order in response to a plea filed by the West Bengal government. The court observed that the Calcutta High Court’s order was “prima facie erroneous” and interfered with a matter that lies within the domain of executive powers.

“Reservation is part of the executive functions. Since the Indra Sawhney judgment in 1992, it is well established that the executive has the power to carry out such exercises,” the bench said. It also remarked, “We are surprised with the reasoning given by the high court.”

Senior advocate Kapil Sibal, appearing on behalf of the West Bengal government, urged the top court to intervene, highlighting that the high court’s stay order had stalled multiple government appointments and triggered contempt petitions. He argued that the state had followed due process and was acting in good faith to revise the OBC list after an earlier judgment.

The high court had passed an interim order on June 17, staying the state’s move to notify a new OBC list. This came after the same court, in May 2024, quashed the inclusion of 77 communities in the OBC category, citing lack of proper data and justification. In response, the West Bengal government informed the court that it would undertake a fresh identification process through the OBC Commission. However, the high court found the revised list to be an attempt to reintroduce previously disqualified communities and stayed it.

The Supreme Court, however, disagreed with this view, noting that the methodology adopted by the commission must be examined by the high court in detail but cannot be pre-emptively stayed without a full hearing. “Whatever is there, the commission has followed some methodology, which may be correct or not. That would be decided by the high court. But the order staying it is prima facie not sustainable,” the court noted.

Directing the Calcutta High Court to hear the matter on priority, the Supreme Court said it would request the Chief Justice of the High Court to form a special bench to decide the issue within six to eight weeks. The apex court also made it clear that the currently presiding judge in the matter should not be part of the special bench. Meanwhile, it ordered that status quo be maintained to prevent further disruption to administrative processes.

The Supreme Court also issued notice in the matter, underlining the need to maintain judicial discipline while handling sensitive issues like caste-based reservation. The ruling comes as a major relief to the West Bengal government, which had argued that its attempt to reconstitute the OBC list was essential for ensuring fair representation and social justice.

By staying the high court’s order, the top court has allowed the state to move forward with its reservation policy framework, pending final adjudication on the legality of the new OBC list.

Case Title: State of West Bengal v. Purabi Das

Bench: Chief Justice B R Gavai, Justice K Vinod Chandran, and Justice N V Anjaria

Order Date: July 28, 2025