The Supreme Court is hearing a petition by the West Bengal Government against the Calcutta High Court's ruling that quashed the classification of 77 communities, mostly Muslim, under the Other Backward Classes (OBC) category.
The High Court had stated that religion was the primary criterion for granting OBC status. Senior Advocate Kapil Sibal defended the reservation, arguing it was based on backwardness, not religion, and citing the Ranganath Mishra Commission report.
Senior Advocate PS Patwalia countered that the state bypassed proper procedures and failed to conduct required surveys.
The SC bench raised concerns about the Calcutta HC's decision to invalidate Section 12 of the West Bengal Backward Classes Act, which empowered the state to classify communities for reservation. The next hearing is awaited.
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