kolkata

IIE DIGITAL DESK : The significant legal development that could reshape municipal recruitment policy in Kolkata, the Calcutta High Court on Wednesday directed the Kolkata Municipal Corporation (KMC) to initiate a new recruitment process in accordance with the previously recognized Other Backward Classes (OBC) list, setting aside the revised list notified by the state government in recent years.

The verdict comes amid an ongoing legal challenge to the West Bengal government’s 2012 and subsequent notifications related to the expansion and modification of the OBC list in urban areas. The court, after closely examining the legality of the amended list, ruled that KMC must abide by the original OBC classification used before the revised inclusions were implemented.

A division bench comprising Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharya stated that the updated OBC list, as it currently stands, lacks the necessary legislative backing and procedural justification, especially in the context of municipal-level recruitment. The judges noted that such a major change in reservation categories must follow a rigorous process of verification, data collection, and public consultation — none of which, the court observed, had been satisfactorily undertaken by the state before implementing the new list.

As a result of the ruling, the Kolkata Municipal Corporation will now have to discard the recruitment advertisements and selection processes that were underway based on the revised OBC list. This affects multiple vacancies in civic departments across the city, from clerical and technical posts to sanitation and health-related services. The court instructed KMC to cancel the ongoing selection process and issue a new recruitment notification aligned with the pre-2012 OBC list.

The case had been brought before the court by a group of petitioners who alleged that the state’s expansion of the OBC list was politically motivated and lacked constitutional justification. Their lawyers argued that the newer list included communities that had not undergone any credible social or economic backwardness assessment, thereby diluting the purpose of reservation and unfairly disadvantaging genuinely backward classes.

The High Court clarified that while the state government retains the power to amend OBC classifications, such amendments must be preceded by a detailed legislative and administrative process. The court cited precedents from the Supreme Court that stress the importance of periodic reviews, proper documentation, and empirical evidence before altering social category designations.

The West Bengal government is yet to issue an official response, but sources within the state administration confirmed that legal teams are currently reviewing the judgment to determine whether to appeal the verdict before a higher bench or the Supreme Court.

For job aspirants, especially those who had applied under the new OBC categories, the ruling brings uncertainty. Many candidates who were expecting interview or joining letters under the previous recruitment cycle will now have to reapply under the new notification when it is released.

Legal experts suggest that the verdict could have far-reaching implications not only for KMC but also for other urban local bodies in the state that have conducted recruitments based on the expanded OBC list. There could be similar legal challenges ahead, potentially putting a hold on appointments in multiple departments.

As the civic body prepares to realign its recruitment machinery, this judgment stands as a stark reminder of the delicate balance between administrative policy and constitutional safeguards in matters of social justice and affirmative action. The Calcutta High Court’s decision has, once again, thrown the spotlight on the need for transparency, legality, and fairness in the implementation of caste-based reservation policies.