West Bengal Withdraws Supreme Court Plea Against Removal Of 77 Muslim Communities

The West Bengal government on Tuesday withdrew its appeal before Supreme Court challenging Calcutta High Court's verdict striking down the inclusion of 77 communities, predominantly 75 Muslim communities, in the State’s Other Backward Classes (OBC) list.

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana permitted the withdrawal after a request was made by Solicitor General Tushar Mehta, representing the State.

SG informed the Court that the West Bengal Cabinet has decided to withdraw the case. Meanwhile, the West Bengal State Backward Classes Commission also withdrew its independent appeal.

Recently, the West Bengal Legislative Assembly on Monday passed two Bills amending laws enacted by the previous Trinamool Congress (TMC) government governing Other Backward Classes (OBC) reservation in the state.

The two legislations: the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) (Amendment) Bill, 2026, and the West Bengal Commission for Backward Classes (Amendment) Bill, 2026 were introduced by Minister for Backward Classes Welfare Gourishankar Ghosh.

With their passage, reservation benefits will now extend to only 66 classes under the OBC category, down from the earlier expanded list. The Bills also formally revise the OBC quota from 17% (10% under Category A and 7% under Category B) to a uniform 7%, in line with the Calcutta High Court's directions.

77 Muslim Communities Dropped From List

Of the communities removed, all 77 belong to the Muslim community. These include Muslim Nehariya, Muslim Haldar, Muslim Sanpui, Muslim Mali, Ghosi (Muslim), Muslim Darji/Ostagar/Idrisi, Muslim Rajmistri, Muslim Batiyara, Muslim Molla and Dhali (Muslim), among others.

However, several Muslim communities have been retained in the new 66-member OBC list, including Jolah (Ansari Momin), Fakir, Pahadia Muslim, Hajjam (Muslim) and Chowduli (Muslim), groups that officials say were included on the basis of surveys conducted prior to 2010.

The Road From 2010 to 2026

The changes trace back to a Calcutta High Court order of May 2024, which struck down OBC status granted to 77 communities, most added between 2010 and 2012, calling the inclusions "illegal and unconstitutional." The bench of Justice Tapabrata Chakraborty and Justice Rajasekhar Mantha observed that the classification appeared designed to treat a community "as a vote bank."

The verdict effectively cancelled around 12 lakh OBC certificates issued after 2010, though it protected those who had already secured jobs under the quota, while certificates issued before 2010 were held valid.

Days after forming government in Bengal, the BJP issued a notification on May 18 discontinuing the religion-linked categorisation and restoring the pre-2010 list of 66 OBC communities eligible for the 7% quota, a decision the Assembly has now formalised through legislation.