The West Bengal government withdrew its appeal to the Supreme Court on Tuesday, which had challenged the Calcutta High Court's ruling from May 2024. This decision invalidated the inclusion of 77 communities, including 75 Muslim communities, in the state's Other Backward Classes (OBC) list.
Reasons for Withdrawing the Appeal
The Supreme Court allowed the withdrawal after the state informed the court that the West Bengal Cabinet had decided not to pursue the appeal. This occurred after the Bharatiya Janata Party (BJP) gained power in West Bengal following the Assembly elections in 2026.
Supreme Court's Stance
The bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, permitted the withdrawal when General Counsel Tushar Mehta presented the Cabinet's decision to the court. Previously, the appeal had been filed by the former Trinamool Congress (TMC) government.
Calcutta High Court's Decision
In May 2024, the Calcutta High Court declared the inclusion of 77 communities in the state's OBC list invalid, ruling that the reservation quota granted to them was legally unfounded. Of these 77 communities, 75 were Muslim communities. The court noted that religion appeared to be the sole criterion for granting OBC status and found legal deficiencies in the identification process.
The High Court revoked the OBC status granted to the 77 communities between April and September 2010. Furthermore, it annulled the inclusion of 37 additional classes under the West Bengal Other Backward Classes (Excluding Caste and Tribe) (Reservation of Vacancies in Services and Posts) Act, 2012.
Further Steps and New Policy
Following the state's withdrawal of the appeal, the challenge to the High Court's decision will only continue if other interested parties approach the Supreme Court. Earlier, on November 6, 2025, the apex court directed that no further hearings would take place in the Calcutta High Court on this matter while considering multiple petitions challenging the verdict.
Recently, the West Bengal government, led by the BJP, ceased categorization based on religious grounds within the previous OBC system and adopted two bills to restructure the state's reservation policy in line with the High Court's decision. Under the updated system, the state retained only 66 communities recognized based on surveys conducted before 2010, excluding the 77 communities whose inclusion was deemed invalid by the High Court.
Additionally, the percentage of OBC reservation in government services and posts was reduced from 17% to 7%. The legislative role of the Backward Classes Commission in conducting surveys, examining applications for inclusion or exclusion of communities, and providing recommendations to the state government has also been restored. The government legalized 66 OBC communities up to 2010, making them eligible for a revised reservation quota of 7% in government posts and services. This list includes communities such as Kapali, Kurmi, Karmakar, Sutradhar, Swarnakar, Napit, Tanti, Dhanuk, Kasai, Devanga, and Gaula, as well as three Muslim communities: Paharia, Hajam, and Choudguli.