Process completed in 24 hours: Bengal affidavit in SC reveals how some Muslim groups found place in OBC list

The Mamata Banerjee-led West Bengal government had moved the Supreme Court challenging a Calcutta HC decision quashing the inclusion of 77 communities in the state's OBC list. (File Photo: PTI)

The West Bengal government moved with alarming zeal while including certain Muslim communities in the list of Other Backward Classes (OBCs) as it completed an elaborate exercise in less than 24 hours in certain cases.

In its affidavit filed in the Supreme Court, the West Bengal government defended its decision to include 77 Muslim communities in the OBC list, claiming that it was backed by an extensive three-tier process which included two surveys and a hearing by the Commission for Backward Classes.

However, the affidavit reveals that the process moved at an unusually fast pace in some cases where it completed the exercise in less than 24 hours.

According to a report in Times Of India that carries details of the affidavit, the West Bengal Commission for Backward Classes recommended the inclusion of the Khotta Muslim community in the OBC list on the same day the latter made the application (November 13, 2009).

The inclusion of the Muslim Jamadar community was also included in the OBC list with similar alacrity, the affidavit reveals. The community was recommended to be added in the OBC list on April 21, 2010, the same day it filed an application.

The case was similar in the case of Gayen (Muslim) and Bhatia Muslim communities where the Commission took just a day to complete the process while the recommendations took four days in the case of Muslim Chutor Mistri community. The process took less than a month for the inclusion of a dozen other Muslim communities in the OBC list, the TOI report said citing details of the affidavit filed by the state government.

The affidavit further revealed that in some cases, the survey for the sub-categorisation of the Kazi, Kotal, Hazari, Layek and Khas communities was completed even before they made an application with the Commission to be included in the OBC list.

While the survey for the abovementioned communities was carried out in 2015, they made an application seeking their inclusion a year or two later.

“It was only after a detailed enquiry and/or upon consideration of the material before it in oral or documentary nature, that a final report on each of the 34 communities was prepared along with the final recommendation by the Commission,” the state was quoted as stating in its affidavit before the Supreme Court.

A bench led by Chief Justice of India DY Chandrachud had on August 5 asked the state government to furnish information about the process adopted for designating 77 communities (75 of them Muslims) as OBCs between 2010 and 2012.

The top court had also asked West Bengal to explain the process followed and detail the nature of survey carried out on the twin aspects of social and educational backwardness and inadequacy of representation in services of the state.

The apex court was hearing an appeal filed by the Mamata Banerjee-led government against a decision by the Calcutta High Court quashing such inclusions in the OBC list without following the procedure. The Supreme Court had refused to stay the High Court order and asked the state government to explain the process in an affidavit.