In the judgement, the division bench comprising justices Tapabrata Chakraborty and Rajasekhar Mantha clarified that the executive orders of the state government classifying 66 classes of OBC before 2010 were not interfered with, since these were not challenged in the petitions.
The bench directed that the state’s executive orders classifying 42 classes as OBCs from March 5, 2010, to May 11, 2012, were also quashed, with prospective effect, in view of the illegality of the reports recommending such classification.
The bench said that the opinion and advice of the Backward Classes Commission is ordinarily binding on the state legislature under the National Commission for Backward Classes Act, 1993.
The bench directed the Backward Classes Welfare Department of the state, in consultation with the Commission, to place a report before the legislature with recommendations for inclusion of new classes or for exclusion of remaining classes in the state list of OBCs.
