• Source:JND
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Reservation can not be granted on the basis of religion, the Supreme Court observed on Monday while hearing a batch of pleas against a Calcutta High Court verdict which deemed reservation to several OBC castes in West Bengal, invalid. The bench comprising Justices B R Gavai and K V Viswanathan was hearing a pleas, including one filed by the West Bengal government challenging the May 2022 verdict by the High Court.

While hearing the argument by the state government's counsel Kapil Sibbal, Justice Gavai said that the reservation can not be on the basis of religion.

“This is not based on religion. This is based on backwardness," Sibal responded.

The High Court invalidated the OBC status of several castes in West Bengal, granted since 2010, deeming their reservation in public sector jobs and state-run educational institutions unlawful.

In its May, 2022 verdict, the High Court had said: “Religion indeed appears to have been the sole criterion for declaring these communities as OBCs."

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The high court further said the “selection of 77 classes of Muslims as backwards is an affront to the Muslim community as a whole".

While ruling on petitions challenging the provisions of the state’s 2012 reservation law and the reservations granted in 2010, the High Court clarified that its decision would not impact individuals from the invalidated classes who were already employed, had utilised the reservation benefits, or had successfully participated in any state selection process.

The high court, in total, struck down 77 classes of reservation given between April 2010 and September 2010. It also struck down 37 classes for reservation as OBC given under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

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During the hearing on Monday, the top court asked the lawyers appearing in the case to give an overview of the matter. While referring to the high court’s verdict, Sibal said the provisions of the Act were struck down.

“So these are very serious issues involved. It affects the rights of thousands of students who are aspiring to be admitted to universities, people who are wanting jobs," he said.

(With PTI Inputs)