There can’t be any reservation on the idea of faith, the Supreme Court docket remarked orally on Monday.
A bench of Justices BR Gavai and Okay V Viswanathan was listening to appeals difficult the Kolkata Excessive Court docket order which nullified the West Bengal authorities’s determination to categorise 77 communities, principally Muslim, as Different Backward Class (OBC) in order to allow them to avail of reservation advantages.
“Reservation can’t be on the idea of faith,” Justice Gavai stated as Senior Advocate Kapil Sibal sought to justify the state authorities’s determination.
Sibal stated that in placing down provisions of the ‘West Bengal Backward Lessons (Apart from Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Companies and Posts) Act, 2012’, the Kolkata Excessive Court docket had relied closely on an Andhra Pradesh Excessive Court docket ruling which quashed the reservation for Muslim OBCs. He added that the Andhra Pradesh Excessive Court docket’s ruling was, nonetheless, stayed by the Supreme Court docket and remains to be pending remaining adjudication.
The senior counsel stated the reservation offered by the state “isn’t based mostly on faith however backwardness which has been upheld by the Court docket. Backwardness exists in all communities.” He stated the Justice (retired) Ranganath Mishra Fee had favoured reservation for Muslims and added that 44 of these communities determine within the Central OBC record whereas the remainder are recognised by the Mandal Fee.
Sibal stated the excessive courtroom judgment additionally had the impact of placing down the sub-classification of OBCs. He added that a part of the argument was that the train was not accomplished correctly.
Justice Gavai identified that it “requires quantifiable information” to point out backwardness. Sibal stated “Now we have quantifiable information” and added that it “impacts bigger variety of individuals together with college students.”
The senior counsel identified that about 12 lakh OBC certificates have been cancelled on account of the excessive courtroom ruling.
Countering Sibal’s arguments, Senior Advocate P S Patwalia – who appeared for the respondents – stated the excessive courtroom discovered that no survey was accomplished to search out out backwardness and there was no information. He stated the state Backward Lessons Fee was bypassed and the reservation was granted after an announcement was made by the then chief minister in 2010. He stated the excessive courtroom had stated that the state may do it however solely after following due process.
The bench, in the meantime, puzzled how the Kolkata Excessive Court docket may have put aside Part 12 of the Act which permits the state to categorise. Justice Gavai stated that “proper from Indira Sawhney (judgment), it was held that it’s the energy of the manager to establish and classify.”
He additional requested, “How can a provision in statute be struck down which grants the state the facility? Is feasible misuse of a provision a floor sufficient to strike it down?”
“It was an enabling provision,” Justice Viswanathan weighed in. “Sure. Sub-classification might be held unhealthy for no session however how can a statutory provision be struck down?,” requested Justice Gavai.
Sibal pressed for interim aid however the courtroom didn’t grant any and glued the matter for listening to subsequent on January 7, 2025.
