The Supreme Court on Monday asked the Bengal government to file an affidavit explaining the process adopted for the classification of 77 communities as OBCs for reservation in jobs and education.
The Supreme Court also issued notices to private litigants on the state's plea challenging the Calcutta High Court's May 21 judgment that nullified the classification of the 77 communities as OBCs.
A bench headed by Chief Justice of India D.Y. Chandrachud directed that the Bengal government file the affidavit by August 11 to explain the nature of a survey conducted by the state in determining the beneficiaries. The affidavit should also state whether there was a lack of consultation with the West Bengal Backward Classes Commission and the specific nature of the survey to determine the inadequacy of representation and social backwardness of the 77 communities.
The bench also included Justice J.B. Pardiwala and Justice Manoj Misra.
Senior advocate Indira Jaising and standing counsel Astha Sharma who appeared in the Supreme Court on behalf of Bengal complained about the “language” used by the high court which had said the state had undertaken the exercise based on religion as members of most of the communities were Muslims.
Jaising also said the high court had used "inappropriate expression" against the State Backward Classes Commission chairman, a retired high court chief justice.
Senior advocates who appeared in the Supreme Court for various parties on whose petitions the high court had passed the impugned order stoutly defended the verdict.