Wednesday, May 22, 2024

Mamata's 'Muslim appeasement' gets High Court snub !!! Calcutta High Court scraps all OBC certificates issued in Bengal since 2010


Prime Minister Narendra Modi called the Calcutta High Court decision of striking down the OBC status granted to "77 classes" in West Bengal since 2010 a "tight slap" to the opposition and alleged that the opposition's "obsession with (Muslim) appeasement" has crossed every limit.

The state of West Bengal sends as many as 42 MPs to Lok Sabha and in 2019, while Ms Mamata's
party won 22, the BJP had managed to send 18 representatives.

The BJP poll strategists feel the BJP will further improve the tally (that is more than 18) this time
and this will ultimately help Modi to improve his overall tally on the vote count day on June 4th.

Recently, in another order the Calcutta High Court had cancelled appointments of a large number
of school teachers appointed by the Mamata government saying proper procedures were not followed.

Five rounds of polling across India have been completed by May 20 and the last two phases are yet to
come on May 25th and June 1. Altogether out of 543, polling has been completed in 429 seats.

On May 25 among other states and cities, polling will also be held in New Delhi which sends seven
MPs. In 2014 and 2019 -- BJP had won all seven seats.
However, this time tough fight is on cards especially after Aam Aadmi Party leader and Delhi Chief
Minister Arvind Kejriwal was arrested for his alleged involvement  in a liquor license scheme.

On June 1, voting will take place also in Varanasi, the ancient India's pilgrim city. Prime
Minister Narendra Modi is contesting the prestigious seat for the third time.







The Calcutta High Court struck down the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 section 2H, 5, 6 and Section 16 and Schedule I and III as 'unconstitutional.'

A division bench of Justice Tapabrata Chakrabirty and Rajasekhar Mantha pronounced the verdict, while delivering a judgement on a PIL challenging the process of granting OBC certificates.

The court directed that a fresh list of OBCs be prepared based on the West Bengal Commission for Backward Classes Act of 1993 by the West Bengal Commission for Backward Classes.






The high court bench termed the OBC list prepared after 2010 as 'illegal.'


The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 section 2H, 5, 6 and Section 16 and Schedule I and III were struck down by high court as 'unconstitutional'.


"The PIL filed (in 2011) claimed that all OBC certificates given out after 2010 bypassed the 1993 (West Bengal Backward Class Commission) Act. Those actually from backward class were not offered their due certificates. The Division Bench's decision today annulled all OBC certificates given out after 2010. 


Those with OBC certificate before 2010 will not bear the brunt of the Calcutta HC hearing", Advocate Sudipta Dasgupta said.This effectively means that all OBC certificates issued between 2010 and 2024 have been set aside and now person can now avail the benefit of various schemes provided to the holders of these Certificate.  

The court, however, clarified that the order will not affect the services of citizens of the ejected classes, who are already in service or have been benefitted by reservation or have succeeded in any selection process of the state.

Meanwhile, the court further added that there was no interference with regard to the state government's executive orders classifying 66 classes of OBCs before 2010, as the petitions did not challenge them.

Reacting to the development, West Bengal Chief Minister Mamata Banerjee said that she would not accept the high court's order and attacked the BJP.

"We won't accept BJP's order. OBC reservation will continue. Imagine their audacity. This is a kalankit chapter in the country- this wasn't done by me. Upen Biswas had done it", she said.

"Surveys had been conducted before implementing OBC reservation. Cases were filed earlier as well, but there was no outcome in this. Why don't they talk about policies in BJP-ruled states", the chief minister questioined.

The Trinamool Congress chief further claimed that PM (Modi) has been talking about how minorities will snatch away Tapashili reservation and that it could lead to constitutional breakdown.

"Minorities can never touch the Tapashili or Adivasi reservation. But these mischievous people (BJP) get their work done through agencies," Mamata Banerjee said.


The state of West Bengal sends as many as 42 MPs to Lok Sabha and in 2019, while Ms Mamata's
party won 22, the BJP had managed to send 18 representatives.


The BJP poll strategists feel the BJP will further improve the tally (that is more than 18) this time and this will ultimately help Modi to improve his overall tally on the vote count day on June 4th.

Recently, in another order the Calcutta High Court had cancelled appointments of a large number of school teachers appointed by the Mamata government saying proper procedures were not followed.

Five rounds of polling across India have been completed by May 20 and the last two phases are yet to come on May 25th and June 1. Altogether out of 543, polling has been completed in 429 seats.

On May 25 among other states and cities, polling will also be held in New Delhi which sends seven MPs. In 2014 and 2019 -- BJP had won all seven seats.
However, this time tough fight is on cards especially after Aam Aadmi Party leader and Delhi Chief Minister Arvind Kejriwal was arrested for his alleged involvement  in a liquor license scheme.



On June 1, voting will take place also in Varanasi, the ancient India's pilgrim city. Prime Minister Narendra Modi is contesting the prestigious seat for the third time.






It's another chapter in Hindu-Muslim confrontation. But there is a twist in the tale and as it came during the ongoing heat and dust of high-stake elections, it has triggered a row with a state Chief Minister asserting she will "not accept" the High Court order.


The Calcutta High Court struck down the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 section 2H, 5, 6 and Section 16 and Schedule I and III as 'unconstitutional.'

A division bench of Justice Tapabrata Chakraborty and Rajasekhar Mantha pronounced the verdict, while delivering a judgement on a Public Interest Litigation (PIL) challenging the process of granting OBC certificates.


Other Backward Caste (OBC) certificates give special privileges like 'reservation' in admission ineducational institutes and jobs for non-Dalit and not tribal sections.The allegations from BJP and others is that Mamata Banerjee-led Trinamool Congress governmentin the province of West Bengal had allowed these 'special privileges' to a large section of Muslims.


 "It was a backdoor entry cleverly played by the Mamata Banerjee regime to help Muslimswho have been supporting her party since 2009," says analyst Ramakanto Shanyal.

BJP leader Sanju Verma says, "Prior to 2011, there were 108 communities classified as OBC in West Bengal out of which 55 belong to Hindus and 53 to Muslims. Now as thingsstand out of 179 OBC community groups, 118 belong to Muslims. This means 66 per centare in the list and they walk away with the benefits".

The High Court could have a serious impact in West Bengal where two stages of elections for electing Lower House of parliament are still on.



Stunned by the court order, Chief Minister Mamata Banerjee said, "I will not accept this....The OBC reservation quota introduced by the West Bengal government will continue. We had drafted the Bill after conducting a house-to-house survey, and it was passed by the state (province) cabinet and the assembly".

In India, orders from courts are mandatory to be implemented by any government either in the province or even at the federal level. Of course, the aggrieved party can always approach the higher court for redressal of the grievance. 

In this case as the order came from a High Court (top courtat the level of provisions), the matter is likely to go to the Supreme Court.

But the broad issue is of 'Muslim appeasement' by the Trinamool (Grassroots) Congress that has surfaced again. Mamata Banerjee is a prominent leader of the opposition alliance and she is known for her radical stance against the BJP and the Narendra Modi government.


Both Prime Minister Narendra Modi and his trusted Home Minister Amit Shah have welcomed the judgement.


Shah criticised Mamata Banerjee for saying that the court order was/is not acceptable to her."A leader in a constitutional position cannot say a court order will not be accepted," Shah said,"we will ensure that the court order is implemented".

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