New Delhi, Nov 6 (UNI) The Supreme Court today stayed further proceedings before the Calcutta High Court in the matter relating to the classification of 77 communities as Other Backwards Classes (OBC) under the West Bengal Backwards Classes (Reservation of Vacancies in Services and Posts) Act, 2012.
The State of West Bengal has challenged the High Court’s 2024 judgment that had struck down the inclusion of these communities in the OBC list.
Senior Advocate Kapil Sibal, appearing for the State, informed the Bench headed by Chief Justice of India B.R. Gavai that despite the Supreme Court earlier staying the High Court’s subsequent orders, including one that halted a newly published OBC list in June, the High Court proceedings were continuing.
The counsel for the respondents sought an adjournment, following which the Supreme Court granted four weeks and ordered the High Court not to proceed with the case until further orders.
“Put it after four weeks. We clarify that until further orders are passed, the High Court should not proceed further with the hearing of the case,” the CJI directed.
Expressing displeasure, the CJI questioned the propriety of the High Court continuing with hearings while the matter was pending before the apex court.
“When the Supreme Court is seized of the matter, and when there is already a stay order in the writ petition, why should the High Court continue with the proceedings?” the CJI remarked.
Hinting at the possibility of directing the case to be heard by a different Bench of the High Court, the CJI observed, “Maybe on the next date, we should say that some other Bench hear this matter.”
Agreeing with the concern, Sibal submitted, “My Lords, this is a real problem there.”
The matter will now be taken up by the Supreme Court after four weeks.
