New Delhi, Oct 1 The Supreme Court on Thursday agreed to hear a plea challenging a Calcutta High Court order that said all OBC certificates issued by the state between May 8, 2025 and May 18 this year would be void.
A bench of justices Joymalya Bagchi and V Mohana issued notice to the West Bengal government and others seeking their responses on the plea.
"Issue notice," the bench said, and tagged the plea with a pending petition raising a similar issue.
During the hearing, the counsel appearing for the petitioner urged the bench that appointments to certain vacant posts should not be made in the meantime.
"We can't keep public posts vacant," the bench observed.
"The appointments made shall abide by the result of the Special Leave Petition(s). The state shall incorporate such condition in the letters of appointment, if any, issued to successful candidates," the bench directed.
It said counter affidavit be filed by the respondents, including the West Bengal government, within four weeks.
"Rejoinder affidavit, if any, be filed within two weeks thereafter. List on November 23," the bench said.
In its order, the high court had said its earlier stay on OBC reservations to 114 classes was revived as the West Bengal government had withdrawn the special leave petition filed before the apex court challenging the order.
"It is, therefore, found that all OBC certificates issued by the state between May 8, 2025 and June 12, 2025 and those certificates that were issued in the interregnum between June 10, 2025 and May 18, 2026 would also be all no consequence and void ab initio," the high court had said.
It had said people falling within the OBC category under the classes existing prior to 2010 would have to apply afresh for certification as OBC, if they fall within the classes that were saved by a May 2024 judgement of its coordinate bench.
The high court clarified that the re-declaration of 77 and 37 classes (114 in all) as OBC, by the state cabinet in May 2025 and June 2025 did not have the force or authority of law and was void after the state withdrew a challenge to the high court order staying such notifications on June 17, 2025 before the top court.
The apex court had stayed the high court's June 17, 2025 order.
"This withdrawal had the effect of extinguishing the order dated July 20, 2025 passed by the Supreme Court and consequently reviving this court's order dated June 17, 2025," the high court said.
The high court had on June 17, 2025, stayed all notifications issued by the West Bengal government with regard to reservations under OBC A and OBC B categories made by it vide a notification of June 13.
The high court had in May 2024 struck down the OBC status of several classes in West Bengal granted since 2010, finding such reservations to vacancies in services and posts in the state were illegal.
The court struck down 77 classes of reservation given between April 2010 and September 2010, and 37 classes created based on the state's reservation Act of 2012.
