New Delhi, Oct. 1: The Supreme Court on Thursday sought the West Bengal government’s response to petitions challenging a Calcutta High Court ruling that invalidated OBC certificates issued on the basis of the State’s May-June 2025 notifications.
A bench of Justice Joymalya Bagchi and Justice V. Mohana, however, declined to stay an ongoing recruitment of constables, as sought by the petitioners. It directed that any appointments made pursuant to the recruitment would be subject to the final outcome of the case.
The bench further directed that appointment letters issued to selected candidates should specifically state that their appointments would be subject to the outcome of the case before the top court.
The controversy arises from a series of changes in West Bengal’s OBC reservation framework following a May 2024 Calcutta High Court judgment. The High Court had then struck down the inclusion of several classes in the OBC list through executive orders issued by the then Mamata Banerjee-led government between 2010 and 2012, as well as the sub-classification of OBCs into OBC-A and OBC-B and the distribution of 17 per cent reservation between the two categories.
The State subsequently issued fresh notifications in May and June 2025 introducing a revised OBC reservation policy. On June 17, 2025, the High Court stayed those notifications and consequential steps, holding that the State could not, through executive action, override its earlier May 2024 judgment and the statutory framework.
The then State government challenged that order before the Supreme Court, which stayed the High Court’s June 2025 order in July 2025, temporarily reviving the notifications. The State had also challenged the May 2024 judgment.
After a change of government in West Bengal, with the BJP led by Chief Minister Suvendu Adhikari coming to power, the State withdrew its appeals before the Supreme Court. The High Court later noted that its earlier stay on the May-June 2025 notifications consequently stood revived.
The present petitions arise from an August 12 order in which the High Court declined relief to a candidate relying on an OBC-A certificate issued in April 2026 under the 2025 notifications. The High Court also clarified that OBC certificates issued pursuant to those notifications were invalid.
Senior advocate Shadan Farasat appeared for the petitioners, senior advocate Menaka Guruswamy in a connected matter, and Solicitor General Tushar Mehta for the State.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
