Reservation not on the basis of religion: The Supreme Court on Monday, while hearing the OBC status given to several castes in West Bengal, made an important statement that reservation cannot be given on the basis of religion. The High Court said this while hearing a petition challenging the decision of the Calcutta High Court to cancel the reservation given by the West Bengal government since 2010.
High Court judge B.R. Gavai and K.V. While hearing the bench of Vishwanathan, Justice Gavai said that reservation cannot be given on the basis of religion. Arguing against this, senior advocate Kapil Sibal, appearing for the state government, said that this reservation has not been given on the basis of religion, but it has been determined on the basis of backwardness.
High Court canceled reservation
Calcutta High Court had canceled the reservation given to OBC status to various castes since 2010. Reservation was declared illegal saying that it was being misused in government jobs and government educational institutions. Challenging this decision of the High Court, the state government approached the Supreme Court.
The High Court had canceled the reservation given to 77 categories between April 2010 and September 2010. It also repealed 37 categories for reservation as OBC under the West Bengal Backward Classes (other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
The future of millions of students is compromised.
Senior lawyer Sibal argued in the Supreme Court that the High Court’s decision will affect the rights of lakhs of students who want to study in schools and colleges. This will have a bad impact on the youth who want government jobs. Therefore, there is an appeal to give an interim order on this issue and stay the High Court order. The Supreme Court will hear this matter in detail on January 7. Hearing the case on August 5, the Supreme Court asked the West Bengal government to provide statistical information on the social and economic backwardness of the new castes included in the OBC list and their inadequate representation in public sector jobs.
