Institute of Legal and Management Studies

The Supreme Court on Thursday stayed the further proceedings in the Calcutta High Court in the matter concerning the classification of Other Backward Classes.

The Court was hearing the petition filed by the State of West Bengal against the 2024 High Court order quashing the classification of 77 communities as Other Backward Classes (OBC) given under the WB Backward Classes (Reservation of Vacancies in Services and Posts) Act, 2012.

Today, Sr Advocate Kapil Sibal, appearing for the state of West Bengal, informed the bench that the proceedings are ongoing in the High Court. It may be noted that the State had published a fresh OBC list, which the High Court stayed in June this year. In July, in another SLP filed by the State, the Supreme Court had stayed the second decision of the High Court.

The counsel appearing for the respondents requested the matter be relisted for some other day.

The CJI, while granting 4 weeks time, directed that the High Court should not continue the hearing of the case till next orders.

"Put it after 4 weeks, we clarify that until further orders are passed, the High Court should not proceed further with the hearing of (case)"

Expressing displeasure at the High Court's conduct, the CJI said :

" When the Supreme Court is seized of the matter, when there is already a stay order in the writ petition, why should the High Court have (inaudible) proceedings on the.."

Hinting at possibly asking the High Court to change the bench for considering the matter before it, the CJI said :

"Maybe we should observe on the next day, that this should be heard by some other bench"

Sibal added, "Mylords, this is a real problem there."

Case Details : THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. - 27287/2024