The Supreme Court will take up on December 9 the Bengal government's plea for an interim stay on Calcutta High Court's May 21 judgment that struck down the state's classification of 77 communities as OBCs for granting them reservation in jobs and education.

On August 5, the top court directed the Mamata Banerjee government to file an affidavit explaining the consultation process adopted to justify the classification.

It also asked the state to explain the nature of the survey conducted by the government in determining the beneficiaries; whether there was a lack of consultation with the West Bengal Backward Classes Commission and the specific nature of a survey by the state as regards inadequacy of representation and social backwardness of the communities to justify the classification.

When the matter came up for hearing in the Supreme Court on Friday, senior advocate Kapil Sibal, who appeared for the state, pressed for an interim stay pending the final decision of the top court on the merits of the issue after hearing the respective parties on the issue.

Sibal told the bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan that on account of the impugned stay, all recruitment processes in the state had come to a standstill, although all those who had already been appointed stood protected from being removed.

Assailing the high court’s order, Sibal told the bench that the 77 communities classified by the state as OBCs were those whose names were already included in the Central list and similar lists prepared by various other states.

On account of the impugned stay, the senior counsel said, the state was unable to undertake recruitment in education and other government departments. Justice Gavai who headed the bench did not pass any order but said the court would examine the issue on December 9.