'Reservation must not be based on religion': Supreme Court on plea challenging HC quashing OBC classifications

NEW DELHI: The Supreme Court observed that reservation should not be based on religion. The observation of the bench comprising justices BR Gavai and KV Viswanathan was while considering the petition filed by the Mamata government against the Calcutta High Court quashing the Other Backward Class (OBC) classification of 77 communities in West Bengal, mostly belonging to the Muslim community.

12 lakh OBC certificates after 2010 were canceled due to the HC verdict. While hearing the matter, Justice Gavai said that reservation cannot be given based on religion. At the same time, the court also asked whether the High Court can quash the amendment brought by the government for reservation. The Supreme Court observed that in the Indira Sahni judgment, it was clarified that the executive has the authority to identify the backward class and include them in the OBC list. The Calcutta High Court had pointed out in the judgment that it was decided to include 76 sections of the Muslim community in the OBC list based on religion alone. It was also observed that this is a complete insult to the Muslim community.

Senior advocate Kapil Sibal, appearing for the West Bengal government, said that the reservation was granted based on backwardness and not based on religion. The detailed hearing in the case will continue on January 7 in the Supreme Court.