'We are surprised': Supreme Court puts on hold Calcutta HC order that stayed Bengal govt's OBC list

The top court expressed surprise at the High Court's stay order citing the reservation as a "part of the executive functions". 

Passing the interim order, a bench comprising Chief Justice of India BR Gavai, K Vinod Chandran and NV Anjaria said as quoted by Live Law, "We will issue notice in this. This is surprising! How can the High Court stay like this? Reservation is part of the executive functions. This is the settled law right from Indira Sawhney, the position is that the executive can do it.

"Executive instructions are enough for providing reservations and legislation is not necessary. We are surprised...What is the High Court's reasoning!"

"The State ought to have placed the reports and the bills before the Legislature for amendment and introduction of classes in the Schedule of the 2012 Act," CJI Gavai said as quoted by the report.

Senior advocate Kapil Sibal, who represented the State, argued several appointments are pending due to the High Court's stay order.

Senior advocate Ranjit Kumar, who represented the respondents, objected to the interim stay stating the OBC list has to be approved by the legislature as per the State law.

Senior advocate Guru Krishnakumar, who also represented the respondents, also objected to the interim stay arguing the preparation of the list was done without collecting any data.

Hearing the respondents' arguments, CJI Gavai said he can direct the High Court to decide on the matter within a timeframe but by a new bench.

"If you are willing, we will direct the HC to hear the matter in stipulated timeline, till then status quo will maintain. We will ask the Chief Justice to constitute another bench to hear," the CJI told the respondents as quoted by Live Law.

Staying the High Court order, the CJI said as quoted by the media, "The commission has followed some methodology. It may be correct or not correct, that will be decided by the High Court finally."

A Calcutta High Court division bench comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha had issued the stay on the list till July 31.

Justice Mantha during the hearing criticised the state government's "inconsistency" in reverting to the 1993 Act when the 2012 OBC Act was half done.

Earlier in June, the state cabinet had included 76 castes to the OBC list comprising existing 64 castes.

The Calcutta High Court last year cancelled all Other Backward Classes (OBC) certificates issued in West Bengal after 2010.

The verdict was given by a division bench comprising Justice Tapabrata Chakraborty and Rajasekhar Mantha.

The judgement was delivered on a PIL challenging the process of granting OBC certificates.

The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 section 2H, 5, 6 and Section 16 and Schedule I and III were struck down by the high court as 'unconstitutional'.