Tag Archives: OBCs

Guidelines for issuance of OBC Certificate in West Bengal

Government of West Bengal
Backward Classes Welfare Department
Writers’ Buildings, Kolkata – 700 001
Website: http://www.anagrasarkalyan.gov.in
M E M O R A N D U M
No. 1464–BCW/MR–59/10 Dated 30th April, 2010

Guidelines for issuance of OBC Certificate

The Government has been considering for some time past to issue comprehensive guidelines for
disposal of applications for issuance of OBC Certificates, including fixing up the nature of
documents required for establishing eligibility for getting such certificate.
Now, in compilation of orders issued from time to time as well as modification and amplification of
such orders, the Governor is pleased to frame the following guidelines for receipt and disposal of
applications for issuance of OBC Certificates:

1. Procedure for issuance of OBC certificates was issued vide Order No. 374(71) – TW / EC /
MR – 103 / 94 dated 27th July, 1994. As per the said order, SDOs of the Sub-Divisions
concerned and ADM, South 24 Pgs as assigned by DM, South 24 Pgs, are the competent
authorities for issuance of OBC certificates in respect of Sub-Divisions and Kolkata
respectively. A format of application form was also set up in the said order. The same
competent authorities and the said format for application shall continue.
2. As regards the format for OBC certificate, the format circulated vide No. 899(85)-
BCW/MR/42/10 dated 12/03/2010 shall continue. The format of OBC certificate is
appended to this memorandum.
3. As regards recommendation for issuance of OBC certificates, BDOs in respect of concerned
Blocks are the Recommending Authorities. In respect of municipal areas excluding Kolkata,
such officers not below the rank of a Deputy Magistrate, as assigned by the SDO, are the
Recommending Authority. In Kolkata, District Welfare Officer, Kolkata is the
Recommending Authority.
4. It was also mentioned in the said order that the existing procedure for issue of caste / tribe
certificate to the members of the SC/ST community shall be applicable, mutatis mutandis,
in case of issue of certificates to the members of Backward Classes. This will also be
generally applicable subject to modifications / clarifications issued vide this order.
5. Application for OBC certificate can be submitted by applicants living in Block areas to the
concerned Block Offices, and by applicants living in municipal areas within a Sub-Division,
to the concerned SDO offices. For Kolkata, such applications can be submitted to the office
of the District Welfare Officer, Kolkata, who may also arrange to receive application in
Borough offices of the Kolkata Municipal Corporation also. Concerned offices receiving
applications shall invite the applicants for hearing on 2nd or 4th Wednesdays within 60 days
from the date of application and ask them to come personally with all original documents
furnished in support of their claims.

6. Now, for disposal of an application for OBC Certificate six criteria are required to be
fulfilled. These are:
a. The applicant must be a citizen of India.
b. He is a permanent resident of West Bengal since 15-03-1993.
c. He is an ordinary resident at the address currently residing.
d. He belongs to the said community/ class.
e. His identity.
f. The applicant does not fall under ‘creamy layer’.

7. It is often alleged that the issuing authorities claim numerous documents in order to prove a single criterion. To remove any confusion on the requirement of documents to prove any of the criteria mentioned at point 6 above, it is clarified that any one of the documents listed below against each of the items shall be sufficient to prove that criterion.

These are:
a. For Citizenship- i. Citizenship Certificate.
ii. Voter I card of self or parent(s)
iii. Authenticated Voter list of self or parent(s)
iv. PAN Card of self or parent(s)
v. Birth Certificate from Competent Authority
vi. Caste certificate of parent(s)
vii. Any Govt. Document proving citizenship.
Note: Validity of any of these documents can only be questioned only when there is
valid reason to believe that such document might have been procured
through misrepresentation of facts.
b. For Permanent residence- i. Land deed or land tax receipt
ii. Voter list proving residence since 1993
iii. Birth Certificate proving residence since 1993
iv. Ration Card proving residence since1993
v. Caste certificate of parent(s)
vi. Any Govt. Document proving permanent
residence since 1993.

c. For local residence- i. Land deed or land tax receipt
ii. Voter I card of self or parent(s)
iii. Certificate from Competent Authority
iv. Caste certificate of parent(s)
v. Birth Certificate
vi. Ration Card
vii. Rent receipt
viii. Pass Book of a Nationalised Bank, Gramin Bank, Post
Office or Co-operative Bank
ix. BPL Card
x. Any Govt. Document proving local residence
d. Class identity – i. Caste certificate of any paternal blood
relation and proof of such relation
ii. Copy of old land deed (prior to 1950) specifying
community name in that document
iii. Any Govt. Document proving class identity

e. For identity – i. Admit Card
ii. Voter I card
iii. PAN Card
iv. Birth Certificate from Competent Authority
v. Identity Card by employer/ educational Institution
vi. Pass Book of Bank Account
vii. BPL Card
vii. Any Govt. Document proving identity
f. Creamy Layer – i. Income Certificates of parents from employers (not more
than three months old from the date of filing application)
ii. Income Tax Return for last three years of parents
iii. If not employed, income certificate from any competent
authority (not more than three months old from the date
of filing application)
iv. Any Govt. Document proving income of parents

8. In the lists above, certificate from Prodhan, Chairman of Municipality or Councillor of
Municipal Corporation, MLA, MP etc. has not been included. In case of non-availability of
certificates as mentioned at 7 (a) to (f ), any of these certificates together with reports of
enquiry and hearing are to be taken into consideration for determination of eligibility.

9. It is to be mentioned here that the applicant has the right to apply even without any
documentary proof in support of his claim and no application shall be rejected merely on the ground of non-availability of documentary evidences about class identity, residence or citizenship. In such cases, certificates from the Prodhan of the local Gram Panchayat,
Chairman of the local Municipality or the local Councillor of the Municipal Corporation
along the findings of the enquiry shall be considered to be sufficient.

10. As per existing orders, an applicant for OBC certificate has to be within the age bracket of
4 to 40 years to be eligible for applying. However, considering the fact that persons
belonging to Other Backward Classes require OBC certificates beyond the age of 40 years
also as job opportunities are open beyond this age limit, the orders imposing age
restriction for being eligible to apply for OBC certificate is hereby withdrawn. Hence, no
age proof for granting OBC certificate will be necessary.

11. It is apparent that most of the applicants for OBC certificates are unable to produce such
certificate of paternal blood relation as a proof of class identity. This is more so in view of
a good number of classes being recently added to the list of OBCs. In those cases, their
class identity is to be decided on field enquiry and public hearing. In such cases, to
facilitate easy identification, an affidavit from the applicant in the format attached to this
order, may be obtained wherein the applicant is to declare his eligibility to obtain OBC
certificate. Unless there is any contrary evidence received during field enquiry and
hearing, normally the affidavit shall be acceptable for ascertaining his class status and
eligibility.
12. It is often alleged that an applicant is asked to furnish declarations by five or even ten
persons of the applicant’s locality certifying the applicant’s class identity. Sometimes such
declaration is demanded from Teachers or Govt. Officials. This causes undue harassment
to the applicants. It is hereby clarified that such declaration is not needed for disposal of
an application for OBC certificate. Where documentary proof as to eligibility to obtain OBC
certificate is not available, field enquiry or public hearing is to be held. In such enquiry /
hearing, evidences from local persons are to be recorded. Depositions from local persons
may also be taken. An application for OBC certificate without any documentary proof or
with insufficient documentary proof submitted along with the application is to be
disposed of as per findings of the field enquiry / hearing together with affidavit and
certificate from local Panchayat / Municipality.

13. To facilitate timely disposal of all applications for OBC certificate, special camps are to be
held at regular intervals. In such camps, receiving of applications, public hearing and
distribution of certificates are to be made. Camps are to be organised in such a manner so
that all applications are disposed of within eight weeks from the date of submission of
such application. Such camps are to be organised in all the High and Higher Secondary
Schools, as most of the applicants for OBC certificates are School or College students.
14. Regarding determination of ‘Creamy Layer’, the following points shall be considered:
a. First, status of the parents (not of the applicant) is to be ascertained. If any of the
parents of the applicant holds a constitutional post or belong to Class I or Group ‘A’
service of the Central or State Government before the age of 40, he is considered to
belong to ‘creamy layer’’. If both of the parents belong to class II or Group ‘B’ service the
Central or State Government before the age of 40, he is considered to belong to ‘creamy
layer’’. If such parents retire or die after retirement, the status will remain unchanged.
If, however, parents die or suffer permanent incapacitation during service, the applicant
shall not fall under ‘Creamy Layer’.
b. Criteria prescribed for determining creamy layer status of sons and daughters of
persons in Government service mutatis mutandis applies to the sons and daughters of
persons holding equivalent or comparable posts in PSUs, Banks, Insurance
Organisations, Universities, Educational Institutions and also holding equivalent or
comparable posts in private employment. Where such comparison is not possible,
Income /Wealth test as prescribed is to be applied.
c. When creamy layer status of an applicant is determined on the service / post held by his
parent(s), their income from salaries are not to be taken into account. Thus, the
employees in Government Departments, PSUs, Banks, Insurance Organisations,
Educational Institutions, will not fall under the ‘Creamy Layer’ category unless income
from other sources alone (without clubbing the income from salaries or agricultural
land) touches the prescribed limit of Rs. 4.5 lakh.
d. As per Income / Wealth Test, income of the parents from the salaries and from the other sources [other than salaries and agricultural land] is determined separately. If either the income of the parents from the salaries or the income of the parents from other sources [other than salaries and agricultural land] exceeds the limit of Rs.4.5 lakh per
annum or possess wealth above the exemption limit prescribed in the Wealth Tax Act
for a period of three consecutive years, the sons and daughters of such persons shall be
treated to fall in creamy layer. But the sons and daughters of parents, whose income
from salaries is less than Rs.4.5 lakh per annum and income from other sources is also
less than Rs.4.5 lakh per annum, will not be treated as falling in creamy layer even if the
sum of the income from salaries and the income from the other sources is more than Rs.
4.5 lakh per annum for a period of three consecutive years. It may be noted that income
from agricultural land is not taken into account while applying the Test. This test is
applicable to persons not having salary income or having salary income but their
service status not being comparable with that of the Central or State Government.
15. Ordinarily, an application for OBC certificate is to be disposed of within eight weeks from
the date of its submission. The applicant has a right to know the status of his application,
once filed. Hence, if demanded, status of his application, has to be provided to the
applicant.
16. A new format of application form for OBC certificate (with minor modifications on the
existing format) has been developed and communicated to all concerned. Both the
formats can be used for filing application for OBC certificate. The format is also available
in the BCW Department website http://www.anagrasarkalyan.gov.in. The website may be visited
regularly to find out the latest developments in this matter. All major policy decisions in
respect of OBC certificates including latest lists of OBCs are available in the website.
Sk. Nurul Haque
Principal Secretary
to the Government of West Bengal

G O V E R N M E N T O F W E S T B E N G A L
OFFICE OF THE SUB-DIVISIONAL OFFICER
______________________ SUB-DIVISION
DIST. – ____________________
Certificate No. – Date :
This is to certify that son/daughter of
of village
P.O. P.S.
in the district of the state of belongs to the
community which is recognized as a Other Backward Class
and his family ordinarily reside(s) in the
of the state
Place :
Date :
Sub-Divisional Officer
and by the Government of India for the State of West Bengal, under :-
District of
This is also to certify that he does not belongs to the category of persons/section (Creamy Layer) to whom
reservation shall not apply as per provision contained in the schedule mentioned in Order No. 347-TW/EC, Dt. 13-07-94
and subsequently modified vide Order No. 1518-BCW, dated the 20th May, 2009 of the Backward Classes Welfare
Department or in Column No. 3 of the Schedule to the Govt. of India, Department of personnel & Training O.M. No.
36012/22/93-Estt (SCT) Dated 8-9-93, subsequently revised vide O.M. No. 36033/3/2004-Estt. (Res) dated the 9th
March, 2004 and O.M. No. 1-1/2008-U.I.A. dated the 13th October, 2008.
by the Government of West Bengal, under :-
Note: The expression ‘oridnarily resident’ used here shall have the same meaning as in section 20 of the Representation of the People Act, 1950 (43 of 1950).
Format for Affidavit by the Applicant for his / her own OBC Certificate
(To be sworn in before the 1st Class Judicial Magistrate / Executive Magistrate on NJ stamp paper of Rs.10/-)

I, Shri / Smt …………………………………………………………………………………………………………………… son / daughter of Shri
…………………………………………………………………………………………………………………., presently residing at (Address)
…………………………………………………………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………, have applied for OBC certificate for myself
and hereby declare that:-
1. I am a citizen of India;
2. I am a permanent resident of West Bengal since 1993, the permanent address being
………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………. ;
3. I am a resident of the address declared above;
4. I belong to …………………………. class which is recognized as Other Backward Class in West Bengal;
5. None of my parents is a Group A / Class I Officer under Central / State Government or belong
to any service in any PSU, Bank, Insurance Company, Educational Institution or in private
employment, comparable with Group A / Class I service under Central / State Government or
holds any Constitutional post;
6. None / only one ( Father or Mother[strike out whichever is not applicable]) of my parents is
a Group B / Class II Officer under Central / State Government or belong to any service in any
PSU, Bank, Insurance Company, Educational Institution or in private employment,
comparable with Group B / Class II service under Central / State Government;

7. Annual income of parents from salaries is Rs. …………….. (in words)
………………………………………………………………………………..;
8. Annual income of parents from other sources including business or profession is
Rs……………….. (in words) ………………………………………………………………….;

9. I do not belong to ‘Creamy Layer’ as defined in the relevant Government Order issued for the purpose of issuance of OBC certificate;
I further certify that the information given above in respect of myself is fully correct and I take full responsibility of the accuracy of this statement. If at any point of time a part of the statement is found to be incorrect, I shall have to forfeit the benefit received and shall also be liable to be punished under Section 193 of the Indian Penal Code.
Format for Affidavit by Parent for his / her ward’s OBC Certificate (When the applicant is a minor)
(To be sworn in before the 1st Class Judicial Magistrate / Executive Magistrate on NJ stamp paper of Rs.10/-)

I, Shri / Smt ………………………………………………………………………………………………………………………………….. son/daughter
of Shri ………………………………………………………………………………………………………………………………., presently residing at
(Address) …………………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………….., have applied for OBC certificate for my
son / daughter / ward and hereby declare that:-
1. My son / daughter / ward is a citizen of India;
2. I am a permanent resident of West Bengal since 1993, the permanent address being
…………………………………………………………………………………………………
………………………………………………………………………………………………… ;
3. My son / daughter / ward is a resident of the address declared above;

4. My son / daughter / ward belongs to …………………………. class which is recognized as Other Backward Class in West Bengal;

5. Neither me nor my spouse is a Group A / Class I Officer under Central / State Government or
belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in
private employment, comparable with Group A / Class I service under Central / State
Government or holds any Constitutional post;

6. None / only one of us [me or my spouse] is a Group B / Class II Officer under Central / State Government or belong to any service in any PSU, Bank, Insurance Company, Educational Institution or in private employment, comparable with Group B / Class II service under Central / State Government;

7. Annual income of us from salaries is Rs………………………………………. (in words)
…………………………………………………………………………………………… ;
8. Annual income of us from other sources including business or profession is
Rs…………………………….. (in words) ……………………………………………………………;

9. My son does not belong to ‘Creamy Layer’ as defined in the relevant Government Order issued for the purpose of issuance of OBC certificate;
I further certify that the information given above in respect of my son / daughter / ward is fully correct and I take full responsibility of the accuracy of this statement. If at any point of time a part of the statement is found to be incorrect, My son / daughter / ward shall have to forfeit the benefit received and both my son / daughter / ward and I shall be liable to be punished under Section 193 of the Indian Penal Code.

Law Relating to Backward Classes -West Bengal

WB LEGISLATIVE ASSEMBLY
  1. Rules of Business of the Backward Classes Welfare Department
  2. Amendment of Rules of Business of the Backward Classes Welfare Department
  3. Amendment of West Bengal Rules of Business of Backward Classes Welfare Department
  4. West Bengal Rules of Business of Department of Tribal Development
  5. The West Bengal State Higher Educational Institutions (Reservation in Admission) Act, 2013
  6. The West Bengal State Higher Educational Institutions (Reservation in Admission) Act, 2013 – RULES
  7. Labour Department Order on Exempted Category
  8. Establish a Board by the Name “Tamang Development and Cultural Board”
  9. The West Bengal Tribes Advisory Council Rules, 1953
  10. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  11. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  12. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  13. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  14. Amendments in the West Bengal Tribes Advisory Council Rules, 1953
  15. Special Provision of the Constitution of India
  16. Constitution Scheduled Castes Order 1950
  17. Constitution Scheduled Tribes Order 1950
  18. West Bengal Scheduled Castes & Scheduled Tribes (Identification) ACT, 1994
  19. West Bengal Scheduled Castes & Scheduled Tribes (Identification) RULES, 1995
  20. Amendment of West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 1995
  21. West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2007
  22. West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2008
  23. Amendment of West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 2010
  24. West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2012
  25. The Constitution (Scheduled Caste) Order (Amendment) Act, 2016
  26. The West Bengal Scheduled Castes and Scheduled Tribes (Identification) (Amendment) Act, 2017
  27. West Bengal Commission for Backward Classes Act, 1993
  28. West Bengal Commission for Backward Classes RULES 1993
  29. West Bengal Commission for Backward Classes (Amendment) Act, 2005
  30. West Bengal Commission for Backward Classes (Amendment) Act, 2007
  31. West Bengal Commission for Backward Classes (Amendment) Act, 2010
  32. Amendments of West Bengal Commission for Backward Classes RULES 1993
  33. Amendments of West Bengal Commission for Backward Classes Act, 1993
  34. West Bengal Commission for Backward Classes (Amendment) Act, 2015
  35. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) ACT, 1989
  36. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) RULES, 1995
  37. Protection of Civil Rights ACT, 1955
  38. Amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) RULES, 1995
  39. Guidelines to Police Officers Investigating Cases under SC/ST (POA) Act, 1989 & PCR Act, 1995
  40. Amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Name of Special Court)
  41. Amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Name of Public Prosecutor)
  42. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014
  43. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2014
  44. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015
  45. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules, 2016
  46. The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts)Act, 2012
  47. Amendment of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes)(Reservation of Vacancies in Services and Posts) Act, 2012
  48. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Act, 1976
  49. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) RULES, 1976
  50. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Amendment) Act, 2005
  51. The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) (Amendment) Act, 2009
  52. West Bengal Backward Classes Development and Finance Corporation Act, 1995
  53. West Bengal SC, ST Development & Finance Corporation Act, 1981
  54. Act on West Bengal Tribal Development Co-operative Corporation Ltd., 1994
  55. West Bengal Scheduled Castes, Scheduled Tribes and Other Backward Classes Development and Finance Corporation Act, 2017
  56. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
  57. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008
  58. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012
  59. The West Bengal Right to Public Services Act, 2013
  60. The Prohibition of Employment as Manual Scavengers and Thier Rehabilitation Act, 2013
  61. West Bengal Prohibition of Employment as Manual Scavengers and Thier Rehabilitation Rules, 2015
  62. Notification – Prohibition of Employment as Manual Scavengers and thier Rehabilitation Act, 2013
  63. Notification – Prohibition of Employment as Manual Scavengers and thier Rehabilitation Act, 2013
  64. Notification – Prohibition of Employment as Manual Scavengers and thier Rehabilitation Act, 2013
  65. The West Bengal Incentive Scheme, 2015

Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors [SC 2017 November]

KEYWORDS:- Backword Class-Jaat caste

Capture

  • The Central List of OBCs prepared for the States of Uttar Pradesh in 1993 did not include the “Jaat” caste/ community. The State of Uttarakhand was formed in 2000. By a Resolution passed in 2010, the National Commission for Backward Classes resolved that till the Central List for the State of Uttarakhand was finalized, the List that was in operation in the State of Uttar Pradesh will be followed for appointment to the Central posts reserved for OBCs. The advertisement and selection in this case was made in the year 2007 when the caste to which the Appellant belongs i.e. “Jaat” was not in the Central List for Uttar Pradesh.

DATE: November 28, 2017

ACTS:-National Commission for Backward Classes Act, 1993

SUPREME COURT OF INDIA

Khilendra Singh Vs. Union of India, Ministry of Agriculture through Secretary & Ors.

[Civil Appeal No. 19862 of 2017 arising out of Special Leave Petition (Civil) No. 14201 of 2011]

L. NAGESWARA RAO, J.

1. Leave granted.

2. The Appellant applied for appointment to the posts of Subject Matter Specialist (Crop Protection & Crop Psychology) in Vivekananda Parvatiya Krishi Anusandhan Sansthan, Almora. The Appellant belongs to “Jaat” caste which was falling within the category of Other Backward Classes (OBCs) in the State of Uttar Pradesh. The Tesildar, Thakurdwara, Moradabad (U.P.) issued a certificate in favour of the Appellant stating that he belongs to Other Backward Classes on 22nd June, 2007. The Appellant was appointed on 2nd January, 2008 in a post reserved for OBCs. A show-cause notice was issued to the Appellant asking him to explain as to why his appointment should not be cancelled as the community to which he belongs is not found in the Central List of OBCs. The Appellant submitted his explanation on 6th November, 2010. An inquiry was conducted and on the basis of the recommendation of the Inquiry Committee, the services of the Appellant were terminated on 20th November, 2010. He approached the High Court of Uttarakhand at Nainital by filing Writ Petition challenging the order of termination. The Writ Petition was dismissed vide judgment dated 24th February, 2011, the legality of which is assailed in the above Appeal.

3. The National Commission for Backward Classes was constituted by the National Commission for Backward Classes Act, 1993 (Act 27 of 1993). Section 9 of the Act empowers the Commission to examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate. Section 2(c) defines “Lists” as follows: (c) “lists” means lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of India

4. By a proceeding dated 10th September, 1993 the Government of India finalised the Central List of OBCs for each State. A common List for the State of Uttar Pradesh was annexed to the said proceedings in which the caste of “Jaat” was not included. The matter pertaining to the inclusion of “Jaat” in the Central List of OBCs for the States of Uttar Pradesh, Madhya Pradesh, Haryana and Rajasthan came up for consideration before the Commission in the year 1997. The National Commission for Backward Classes recommended inclusion of “Jaat” caste in the OBCs only for the State of Rajasthan and not the other three States. On the basis of the power of review that was conferred on the National Commission for Backward Classes, the matter was examined afresh.

The National Commission for Backward Classes conducted hearings in Delhi to consider the request of “Jaat” caste in the Central List of OBCs for nine States including the State of Uttar Pradesh. The National Commission for Backward Classes advised the Central Government not to include the “Jaat” caste/ community in the Central List of OBCs. While rejecting the recommendation made by the National Commission for Backward Classes, the Central Government issued a notification including “Jaat” caste/ community in the Central List of OBCs for the States of Uttar Pradesh/ Uttarakhand and seven other States in 2014.

5. A perusal of the facts that are stated in the preceding paragraph on the basis of the counter affidavit filed by the National Commission for Backward Classes would show that “Jaat” caste/ community is in the Central List of OBCs for the State of Uttarakhand from 2014. The Central List of OBCs prepared for the States of Uttar Pradesh in 1993 did not include the “Jaat” caste/ community. The State of Uttarakhand was formed in 2000. By a Resolution passed in 2010, the National Commission for Backward Classes resolved that till the Central List for the State of Uttarakhand was finalized, the List that was in operation in the State of Uttar Pradesh will be followed for appointment to the Central posts reserved for OBCs. The advertisement and selection in this case was made in the year 2007 when the caste to which the Appellant belongs i.e. “Jaat” was not in the Central List for Uttar Pradesh.

6. We are not in agreement with the reasons given by the High Court while dismissing the Writ Petition. It was held in the impugned judgment that the List prepared by the State of Uttarakhand would be applicable for appointment to Central posts. We approve the final conclusion of the High Court that the Appellant was not entitled for appointment in the post reserved for OBCs, though for different reasons as stated supra.

7. The Appeal is dismissed accordingly. No costs.

 [S.A. BOBDE]

 [L. NAGESWARA RAO]


Union of India & Ors. Vs. Kamal Kishore & Ors., Etc.

[Civil Appeal Nos. 19859-19860 of 2017 arising out of Special Leave Petition (Civil) Nos.18584-85 of 2012

L. NAGESWARA RAO, J.

1. Leave granted.

2. The writ petitions filed by the Respondents seeking appointment to the post of Constable G.D. in Central Reserve Police Force (CRPF) in the category of Other Backward Classes (OBCs) were allowed by a learned Single Judge of the High Court of Uttarakhand at Nainital. The Appeals filed by the Union of India were dismissed by a Division Bench. The Appellants have approached this Court challenging the correctness of the said judgment of the High Court.

3. An advertisement was issued on 24th July, 2010 duly published in daily newspaper Uttar Ujala inviting applications for appointment to the post of Constable G.D. in the CRPF from Indian citizens residing in the States of Uttar Pradesh and Uttarakhand. 78 vacancies were notified out of which nine were reserved for OBCs. 13 backlog vacancies of OBCs were also included in the notification. The Respondents who belong to Saini, Momin (Ansar), Gujjar and Kahar communities applied for being considered for appointment to the posts reserved for OBCs.

They qualified in the written examination and appeared before a medical board for medical examination. Their names were not included in the final list that was prepared for appointment. On enquiry, they found that their names were shifted to the general category from the OBC category on the ground that the castes to which they belong did not find place in the OBCs List for the Central Government services for Uttarakhand State as per “Swamy’s Compilation on Reservations and Concessions” book. They could not be appointed on the basis of the marks they obtained in the general category.

4. The Respondents filed Writ Petitions in the High Court of Uttarakhand seeking issuance of Mandamus for commanding the Appellants to appoint them to the post of Constable G.D. in CRPF against the post reserved for OBC candidates of Uttarakhand. The Appellants filed a counter affidavit in the High Court in which it was stated that the Respondents were not entitled to be considered for appointment in the posts reserved for OBCs as the castes to which they belong were not included in the List of OBCs for Central Government services, Uttarakhand State as per “Swamy’s Compilation on Reservations and Concessions” book.

The learned Single Judge of the High Court of Uttarakhand at Nainital allowed the Writ Petitions vide judgment dated 11th October, 2011 by relying upon a judgment of the High Court in Deepak Kumar versus Gurukul Kangri University, Haridwar1. It was also held that there is no dispute about the fact that the castes to which the Respondents belong are OBCs in the State of Uttarakhand. The Appellants could not succeed in convincing the Division Bench of the High Court that the judgment of the learned Single Judge warranted interference.

5. Pursuant to the judgment of this Court in Indra Sawhney versus Union of India2, the Government of India decided to implement reservation of 27% in civil posts and services in favour of OBCs. On the recommendations made by an Expert Committee, a Central List of OBCs was prepared for each State. The Central List of OBCs prepared for the State of Uttar Pradesh included the castes of the Respondents. The State of Uttarakhand was created in the year 2000. In the judgment of Deepak Kumar (supra) relied upon by the learned Single Judge in this case, a reference was made to a letter dated 28th July, 2011 issued by the National Commission for Backward Classes.

It was stated in the said letter that the Central List for OBCs for the State of Uttarakhand was under process and that till it was finalized, the List for Uttar Pradesh will be applicable for appointment to Central posts in the State of Uttarakhand. The National Commission for Backward Classes has filed a counter affidavit in these Appeals supporting the Respondents. The Commission stated in the affidavit that the List of OBCs for the State of Uttar Pradesh will enure to the benefit of those residing in Uttarakhand for appointment to services under the Union of India till the Central List of OBCs for Uttarakhand is finalized. It was further stated that by a Resolution dated 8th December, 2011, the Central Government notified the Central List of OBCs for the State of Uttarakhand which consisted of 84 castes.

6. Ms. Indu Malhotra, learned senior counsel appearing for the Union of India relied upon a proceeding dated 12th March, 2007 which was filed along with the rejoinder to contend that there was only one caste included in the Central List for the State of Uttarakhand. She submitted that all the other OBCs were included in the Central List only in 2011 and as the selections in the present case were conducted in 2010, the Respondents whose castes were not in the list of OBCs cannot be considered in the posts reserved for OBCs. We are not in agreement with the said submission as a perusal of the proceeding dated 12th March, 2007 would show that it pertains to inclusion/ amendments in the Central List of OBCs in respect of various States.

There is no doubt that one caste Rai-Sikh (Mahatam) was shown in the proposed Entry at serial No.1. It means that the caste was included by the proceeding as an OBC. It does not mean that there was only one caste falling within the category of OBCs in the State of Uttar Pradesh. The position as it existed pertaining to reservation to OBC posts in Uttarakhand is explained by the National Commission for Backward Classes. It is clear from the affidavit filed by the National Commission for Backward Classes that a decision was taken in 2010 to apply the Central List prepared for the State of Uttar Pradesh to the State of Uttarakhand till the List of OBCs for Uttarakhand was finalized.

The List was finalized in 2011. There cannot be any doubt that the Respondents belong to the castes which were included in the Central List of OBCs for the State of Uttar Pradesh and were entitled to be considered for the posts reserved for OBCs in the advertisement that was issued on 24th July, 2010. There was some confusion about the applicability of the Lists of the OBCs prepared by the States of Uttar Pradesh and Uttarakhand for implementing reservation in the State’s civil posts. Those Lists have no relevance for appointment to services under the Union of India.

7. Before concluding, it is necessary to mention that the Respondents were deprived of their consideration to the posts reserved for OBCs only on the ground that the castes to which they belong did not find a place in “Swamy’s Compilation on Reservations and Concessions” book. This practice of relying upon private books for the purpose of defeating the rights of citizens is deprecated. The Union of India ought to have referred to the Resolutions of the National Commission for Backward Classes and the Central List that were prepared by the Government of India from the official publications. For no fault of theirs, the Respondents were not considered for appointment as Constables G.D. in CRPF in the year 2010.

8. We uphold the judgment of the High Court and direct the Appellants to consider the Respondents for appointment as Constables G.D., CRPF in the posts reserved for OBCs in the advertisement dated 24th July, 2010. The Appellants are directed not to deny the appointment to the Respondents on the ground that they are now over-aged provided they fulfill the condition of fitness.

9. For the aforementioned reasons, the Appeals are dismissed.

 [S.A. BOBDE]

 [L. NAGESWARA RAO]

State of Tripura & Ors. Vs. Jayanta Chakraborty & Ors.[SC 2017 November]

Keywords: Test of Backwordness

Capture

Case Referred to Constitution Bench

Date: November 14, 2017

Act : Constitution of India


SUPREME COURT OF INDIA

State of Tripura & Ors. Vs. Jayanta Chakraborty & Ors.

[Civil Appeal No(S). 4562-4564 of 2017]

[CONMT.PET.(C) No. 11/2017 In SLP (C) No. 19765/2015 @ SLP(C) Nos.19765-19767/2015]

[CONMT.PET.(C) No. 13/2017 In SLP (C) No. 19767/2015 @ SLP(C) Nos.19765-19767/2015]

[C.A. No. 5247/2016] [C.A. No. 11817/2016] [C.A. No. 4880/2017] [C.A. No. 4878-4879/2017] [C.A. No. 11816/2016] [C.A. No. 11820/2016] [C.A. No. 4876-4877/2017] [C.A. No. 4881/2017] [C.A. No. 4833/2017] [C.A. No. 4882/2017] [C.A. No. 701-704/2017] [C.A. No. 11822-11825/2016] [C.A. No. 11837-11840/2016] [C.A. No. 11842-11845/2016] [C.A. No. 11829-11832/2016] [C.A. No. 11847-11850/2016] [C.A. No. 11828/2016]

[Diary No. 31145 of 2017]

O R D E R

1. The questions posed in these cases involve the interpretation of Articles 16(4), 16(4A) and 16(4B) of the Constitution of India in the backdrop of mainly three Constitution Bench decisions –

(1) Indra Sawhney and others v. Union of India and others 1,

(2) E.V Chinnaiah v. State of A.P. and others 2 and

(3) M. Nagaraj and others v. Union of India and others

One crucially relevant aspect brought to our notice is that Nagaraj (supra) and Chinnaiah (supra) deal with the disputed subject namely backwardness of the SC/ST but Chinnaiah (supra) which came earlier in time has not been referred to in Nagaraj (supra). The question of further and finer interpretation on the application of Article 16(4A) has also arisen in this case. Extensive arguments have been advanced from both sides. The petitioners have argued for a re-look of Nagaraj (supra) specifically on the ground that test of backwardness ought not to be applied to SC/ST in view of Indra Sawhney (supra) and Chinnaiah (supra). On the other hand, the counsel for the respondents have referred to the cases of Suraj Bhan Meena and Another v. State of Rajasthan and others 4;

Uttar Pradesh Power Corporation Limited v. Rajesh Kumar and others 5;

S. Panneer Selvam and others v. State of Tamil Nadu and others 6;

Chairman and Managing Director, Central Bank of India and others v. Central Bank of India SC/ST Employees Welfare Association and others and Suresh Chand Gautam v. State of Uttar Pradesh and others 8 to contend that the request for a revisit cannot be entertained ad nauseam. However, apart from the clamour for revisit, further questions were also raised about application of the principle of creamy layer in situations of competing claims within the same races, communities, groups or parts thereof of SC/ST notified by the President under Articles 341 and 342 of the Constitution of India.

2. Having regard to the questions involved in this case, we are of the opinion that this is a case to be heard by a Bench as per the constitutional mandate under Article 145(3) of the Constitution of India. Ordered accordingly. Place the files before the Hon’ble Chief Justice of India immediately.

3. Though the learned counsel have pressed for interim relief, we are of the view that even that stage needs to be considered by the Constitution Bench. The parties are free to mention the urgency before the Hon’ble Chief Justice of India.

………………….J. (KURIAN JOSEPH)

………………….J. (R. BANUMATHI)


WB Backward Classes (Other than SC & ST) Reservation of Vacancies in Services & Posts Act, 2012

GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

NOTIFICATION

No. 533-L.—25th March, 2013.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:—

West Bengal Act XXXIX of 2012

THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.

[Passed by the West Bengal Legislature.]

[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 25th March, 2013.]

An Act to provide for the reservation of vacancies in services and posts for the Backward Classes of citizens other than the Scheduled Castes and Scheduled Tribes.

Whereas clause (4) of article 15 of the Constitution enables the State to make any special provisions for the advancement of any socially and educationally Backward Classes of citizens;

And Whereas clause (4) of article 16 of the Constitution enables the State to make any provision for the reservation of appointments or posts in favour of any Backward Classes of citizens which in the opinion of the State is not adequately represented in the services under the State;

And Whereas clause (1) of article 38 of the Constitution states that, the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life;

And Whereas under clause (2) of article 38 of the Constitution, the State shall, in particular, strive to minimize the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations;

And Whereas under clause (b) of article 39 of the Constitution, the State shall in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

And Whereas under clause (c) of article 39 of the Constitution, the State shall in particular direct the policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

And Whereas under article 46 of the Constitution, the State shall promote, with special care the educational and economic interests of the weaker sections of the people, and shall protect them from social injustice and all forms of exploitation;

And Whereas the members of the Backward Classes of citizens other than the Scheduled Castes and Scheduled Tribes who are socially and economically backward, are not adequately represented in the services and posts within the State of West Bengal;

And Whereas it is expedient to provide for the reservation of vacancies in services and posts for them;

It is hereby enacted in the Sixty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:—

1. Short title, extent and commencement:

(1) This Act may be called the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

(2) It extends to the whole of West Bengal.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions:

In this Act, unless the context otherwise requires,—

(a) “appointing authority”, in relation to a service or post in an establishment, means the authority empowered to make appointment to such service or post;

(b) “cadre” means the strength of a service or a part of a service sanctioned as a separate unit;

(c) “establishment” means any office of the State Government, a local authority or statutory authority constituted under any State Act for the time being in force, or a corporation in which not less than fifty-one per cent of the paid up share capital is held by the State Government, and includes universities and colleges affiliated to the universities, primary and secondary schools and also other educational institutions which are owned or aided by the State Government, and an establishment in public sector;

(d) “establishment in private sector” means any industry, trade, business or occupation which is not an establishment in public sector;

(e) “establishment in public sector” means any industry, trade, business or occupation owned, controlled or managed by-

(i) the State Government or any Department of the State Government,
(ii) a Government company as defined in section 617 of the Companies Act, 1956 or a corporation established by or under a Central Act or State Act, in which not less than fifty-one per cent, of the paid up share capital is held by the State Government,
(iii) a local or statutory authority, constituted under any State Act for the time being in force;

(f) “lists” means list prepared by the Government of West Bengal from time to time for purposes of making provision for the reservation of appointments or posts in favour of Backward Classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government of West Bengal or any local or other authority within the territory of the State of West Bengal or under the control of the Government of West Bengal;

(g) “notification” means a notification published in the Official Gazette;

(h) “Other Backward Classes” shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time;

(i) “Schedule” means the Schedule appended to this Act;

(j) “single post cadre” means a cadre which has the strength of one post only;

(k) “State Government” means the Government of West Bengal.

3. Act not to apply in relation to certain employment:

This Act shall not apply in relation to,—

(a) any employment under the Central Government;
(b) any employment to the cadre of Higher Judicial Officers;
(c) any employment in private sector;
(d) any employment in domestic service;
(e) any employment in single post cadre.

4. Certain categories of persons to be excluded from reservation:

Persons or sections from Other Backward Classes specified in column 3 of Schedule II shall be excluded from the purview of this Act.

5. Reservation for Other Backward Classes in vacancies to be filled up by direct recruitment:

After the commencement of this Act, all appointments to services and posts in establishments which are to be filled up by direct recruitment shall be regulated in the following manner, namely,—

(a) subject to the other provisions of this Act, ten per cent of the vacancies shall be reserved for candidates belonging to the Other Backward Classes denoted as “Other Backward Classes Category A” category and seven per cent of the vacancies shall be reserved for candidates belonging to the “Other Backward Classes Category B” category of the Other Backward Classes in the manner set out in Schedule HI:

Provided that the State Government may, from time to time, by notification in the Official Gazette, increase the percentage in the manner that the overall reservation for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes shall not exceed fifty per cent.

(b) the members of the Other Backward Classes qualifying on merit in an open competition on the same standard as of the unreserved candidates for appointment to any unreserved post in a service or post in an establishment to be filled up by direct recruitment shall not be adjusted against the quota reserved in such service or post for such candidate under sub-section (a).

Explanation.—For the purpose of this Act, Other Backward Classes Category A shall mean the “More Backward Classes” and the Other Backward Classes Category B shall mean the “Backward Classes”.

6. Certificate of identification:

A candidate who claims to be a member of either Other Backward Classes Category A or Other Backward Classes Category B category shall support his candidature by such certificate of identification to be issued by such competent authority in such manner as may be prescribed.

7. De-reservation of reserved vacancy:

(1) There shall be no de-reservation of any reserved vacancy by any appointing authority to any post in an establishment which is required to be filled up by direct recruitment. In the absence of any qualified candidate from Other Backward Classes, the vacancy shall remain unfilled.

(2) Notwithstanding anything contained in sub-section (1), if in the public interest, it is necessary to fill up any vacancy as aforesaid, remaining unfilled on account of non-availability of a qualified candidate from “Other Backward Classes”, the appointing authority shall refer the vacancy to the State Government for de-reservation. Upon such reference, the State Government may, if it is satisfied that it is necessary or expedient so to do, by order, de-reserve the vacancy, subject to the condition that the reservation against the vacancy so de-reserved shall be carried forward against the subsequent unreserved vacancy available at the time of passing the order of de-reservation or any unreserved vacancy which shall occur in future:

Provided that the State Government may, if it is satisfied that the appointing authority by genuine mistake or on account of an error of judgment or owing to ignorance has filled up any reserved vacancy otherwise than by a candidate for whom the vacancy is reserved and that there has been no malafide intention in this regard on the part of the appointing authority, by order in writing, regularize the appointment, if so applied for by the appointing authority, on the basis of the carry-forward principle. In such case, reservation against the reserved vacancy already filled up otherwise than by a candidate belonging to the Other Backward Classes for whom the vacancy was originally reserved, shall,-

(a) if such vacancy relates to an establishment other than the establishment in Universities and Colleges affiliated to the Universities, Primary and Secondary Schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application; or
(b) if such vacancy relates to an establishment in Universities and Colleges affiliated to the Universities, Primary and Secondary Schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application or to any unreserved vacancy which shall occur in future:
Provided further that the State Government may, if it considers necessary or expedient so to do, by notification in the Official Gazette, empower any other authority not below the rank of District Magistrate and District Commissioner for Reservation to exercise the power of the State Government to de-reserve a reserved vacancy under this sub-section.

(3) The appointing authority shall, for the purposes of sub-section (2), make an application to the State Government in such Form and in such manner, as may be prescribed by the State Government.

(4) Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, if, in the public interest, it is necessary or expedient to fill up any vacancy, in any post in any primary, secondary or higher secondary school, in any district owned or aided by the State Government, caused by deputation or leave of the incumbent of that post for a period not exceeding ten months and remaining unfilled on account of non-availability of a qualified candidate from the Other Backward Classes, the appointing authority may refer the vacancy to the District Commissioner for Reservation, referred to in section 8, of the concerned district for de-reservation and upon such reference, the District Commissioner for Reservation may, if he is satisfied that it is necessary or expedient so to do, by order, de-reserve the vacancy, subject to the condition that the reservation against the vacancy so de-reserved shall be carried forward against the subsequent unreserved vacancy in any such post caused by such deputation or leave for such period.

Explanation I.—For the purpose of this Act, for Kolkata, the references to District Commissioner for Reservation shall be construed as references to the Joint Commissioner for Reservation.

Explanation II.—For the purpose of this Act “Kolkata” shall mean the town of Kolkata as defined in section 3 of the Kolkata Police Act, 1866.

8. Commissioners to enforce reservation:

(1) There shall be a Commissioner, a Joint Commissioner, a Deputy Commissioner and an Assistant Commissioner for reservation for the State and a District Commissioner for reservation for each district, for the purpose of enforcing the provisions of this Act.

(2) Save as otherwise expressly provided in this Act, every officer referred to under sub-section (1) shall be the same officer as provided for in the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976.

(3) If any appointing authority having territorial jurisdiction throughout West Bengal, or having its offices and fixed territorial jurisdiction in Kolkata or having its offices in Kolkata without having any fixed territorial jurisdiction, contravenes any provisions of this Act, and thereby commits an offence punishable under section 10, the Commissioner, or the Joint Commissioner, or the Deputy Commissioner, or the Assistant Commissioner or any officer not below the rank of Inspector of Backward Classes Welfare Department authorised by him in this behalf, may file a complaint in any court having jurisdiction against such appointing authority.

(4) If any appointing authority having territorial jurisdiction in the whole, or in any part, of the district, or having no fixed territorial jurisdiction in the district, but having his office in the district to which the jurisdiction of the District Commissioner extends, contravenes any provisions of this Act, and thereby commits an offence punishable under section 10, the District Commissioner or any officer not below the rank of Inspector of Backward Classes Welfare Department authorised by him in this behalf, may file a complaint in any court having jurisdiction against such appointing authority.

9. Territorial jurisdiction:

For the purpose of section 8,—

(a) territorial jurisdiction shall, in relation to an appointing authority, mean the area to which its administrative jurisdiction extends; and

(b) an appointing authority, whose administrative jurisdiction does not extend to any fixed area, shall be deemed to be an appointing authority without having any fixed territorial jurisdiction.

10. Penalty for contravention of provisions by an appointing authority:

If an appointing authority contravenes any provision of this Act, he shall be punishable with imprisonment for a term which may extend to five years, or with fine of two thousand and five hundred rupees, or with both:

Provided that nothing contained in this section shall apply in relation to an appointment to any service or post of which the appointing authority is the Governor.

11. Cognizance of offence:

No court shall take cognizance of an offence punishable under this Act save upon complaint made by the Commissioner or the District Commissioner, or an officer not below the rank of Inspector of Backward Classes Welfare Department duly authorised in this behalf.

12. Previous sanction of the State Government necessary for prosecution:

No prosecution for an offence under this Act shall be instituted except by, or with the sanction of, the State Government.

13. Burden of proof:

Where a complaint is filed in any court having jurisdiction against an appointing authority under sub-section (3) or sub-section (4) of section 8 for contravening any provision of this Act the burden of proof that no contravention of any provision of this Act has been made by him, shall lie with him.

14. Protection of action taken in faith:

No suit, prosecution or other legal proceeding shall lie against any person for anything, which is in good faith done or intended to be done under this Act.

15. Removal of difficulties:

If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act, as the State Government may consider necessary for removing the difficulty.

16. Power to amend any Schedule:

The State Government may, by order published in the Official Gazette, add to, amend or alter any Schedule.

17. Submission of annual report, maintenance of other records and inspection thereon:

(1) Every appointing authority shall maintain such records and documents as may be prescribed by rules made in this behalf and shall furnish to the State Government in the prescribed manner an annual report on the appointments made by it during the previous year reckoned according to the British calendar.

(2) Any officer authorised by the State Government in that behalf may inspect any record or documents which are maintained in relation to appointments made by such appointing authority.

(3) It shall be the duty of the appointing authority to produce such records or documents for inspection by the officer authorized under sub-section (2), and furnish such information or afford such assistance as may be necessary for him to carry out his functions under this Act.

(4) Notwithstanding anything contained in the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980 any member of the Other Backward Classes who is adversely affected on account of the non-compliance with the provisions of this Act or the rules made thereunder by any appointing authority, may bring the fact to the notice of the State Government and upon application made by him the State Government may call for such records or take such action thereon as it may think fit.

18. Power to make rules:

(1) The State Government may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely,—

(a) form in which every establishments shall submit annual report to the State Government regarding the number of persons recruited in such establishments;
(b) any other matter which has to be or may be prescribed by rules made in this behalf.

19. Saving:

Actions taken in pursuance of any notifications, orders etc. issued for the purpose prior to coming to force of this Act shall be deemed to have been taken under the provisions of this Act.

SCHEDULE I

[See Section 2(h)]

Sl. More Backward (Category A) Sl. Backward (Category B)
1. Abdal 1. Baishya Kapali
2. Baidya Muslim 2. Bansi-Barman
3. Basni/Bosni 3. Barujibi, Barui
4. Beldar Muslim 4. Betkar (Bentkar)
5. Bepari/Byapari Muslim 5. Bhar
6. Bhatia Muslim 6. Bharbhuja
7. Bhatiyara 7. Bhujel
8. Chowduli 8. Bungchheng
9. Chutor Mistri 9. Chasatti (Chasa)
10. Dafadar 10. Chitrakar
11. Dhukre 11. Christians converted from Scheduled Castes
12. Dhunia 12. Devanga
13. Fakir/Sain 13. Dewan
14. Gayen 14. Dhimal
15. Ghosi 15. Gangot
16. Hajjam 16. Goala-Gope (Pallav Gope, Ballav Gope, Yadav Gope, Gope, Ahir and Yadav)
17. Hawari 17. Hel/Halia/Chasi-Kaibartta
18. Jamadar 18. Kahar
19. Jolah (Ansari-Momin) 19. Kansari
20. Kalander 20. Kapali
21. Kan 21. Karani
22. Kasai 22. Karmakar
23. Khotta Muslim 23. Keori/Koiri
24. Laskar 24. Khen
25. Mahaldar 25. Kumbhakar, Kumar
26. Majhi/Patni Muslim 26. Kurmi
27. Mai Muslim 27. Malakar
28. Mai lick 28. Mangar
29. Midde 29. Moira-Modak
30. Molla 30. Nagar
31. Muchi/Chamar Muslim 31. Napit
32. Muslim Barujibi/Barui 32. Nembang
33. Muslim Biswas 33. Newar
34. Muslim Haidar 34. Rai (including Chamling)
35. Muslim Mali 35. Raju
36. Muslim Mondal 36. Sampang
37. Muslim Pyada 37. Sarak
38. Muslim Sanpui/Sapui 38. Satchasi
39. Nashya-Sekh 39. Shankakar
40. Nehariya 40. Sunuwar
41. Nikari 41. Sutradhar
42. Patidar 42. Swamakar
43. Penchi 43. Tamboli/Tamali
44. Rajmistri 44. Tanti, Tantubaya
45. Rayeen/Kunjira 45. Teli, Kolu
46. Sardar 46. Thami
47. Shershabadia 47. Turha
48. Siuli (Muslim) 48. Yogi-Nath
49. Tutia 49. Daiji/Ostagar/Idrishi
50. Dhanuk 50. Dhali (Muslim)
51. Jogi 51. Pahadia-Muslim
52. Khandait 52. Tal-Pakha Benia
53. Kosta/Kostha 53. Adaldar (Muslim)
54. Lakhera/Laahera 54. Akunji/Akan/Akhan (Muslim)
55. Roniwar 55. Bag (Muslim)
56. Sukli 56. Ch. niashi (Muslim)
57. Bhangi (Muslim) 57. Churihar
58. Dhatri/Dai/Dhaity (Muslim) 58. Daptari (Muslim)
59. Gharami (Muslim) 59. Dewan (Muslim)
60. Ghorkhan 60. Dhabak (Muslim)
61. Goldar/Golder (Muslim) 61. Gazi (Muslim)
62. Halsana (Muslim) 62. Khan (Muslim)
63. Kayal (Muslim) 63. Kolu Muslim (Shah, Sahaji, Sadhukhan, Mondal)
64. Naiya (Muslim) 64. Majhi
65. Shikari/Sikari (Muslim) 65. Malita/Malitha/Malitya (Muslim)
66. Mistri (Muslim)
67. Paik (Muslim)
68. Pailan (Muslim)
69. Purkait (Muslim)
70. Sana (Muslim)
71. Sareng (Muslim)
72. Sardar (Muslim)
73. Sarkar (Muslim)
74. Shah (Fakir/Shah/Sha/Sahaji)
75. Tarafdar (Muslim)
76. Gavara
77. Mouli (Muslim)
78. Sepai (Muslim)

SCHEDULE II

[See Section 4]

Sl. Description of category To whom rule of exclusion will apply
I. CONSTITUTIONAL POSTS Son(s) and daughter(s) of—President of India;Vice-President of India;Chairman and Members of Union Public Service Commission and of the State Public Service Commission, Chief Election Commissioner, Comptroller and Auditor General of India; andPersons holding Constitutional positions of like nature.
II. SERVICE CATEGORY A. GROUP A/ CLASS I officers of the All India Central and State Services (Direct Recruitment) Son(s) and daughter(s) of—Parents, both of whom are Class I officers;Parents, either of whom is a Class I officer;Parents, either of whom is a Class I officer, but one of them dies or suffers permanent incapacitation;Parents, either of whom is a Class I officer and such parent dies or suffers permanent incapacitation and before such death or such incapacitation has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years; and

Parents, both of whom are Class I officers die or suffer permanent incapacitation and before such death or such incapacitation of the both, either of them has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years:

Provided that the rule of exclusion shall not apply in the following cases:—

(i) Sons and daughters of parents either of whom or both of whom are Class I officers and such parent(s) dies/die or suffers/sulfer permanent incapacitation; (ii) A lady belonging to Other Backward Class category has got married to a Class I officer, and may herself like to apply for a job.

B. GROUP B/ CLASS II officers of the Central and State Services (Direct Recruitment) Son(s) and daughter(s) of—Parents both of whom are Class II officers;Parents of whom only the husband is a Class II officer and he gets into Class I at the age of 40 or earlier;Parents both of whom are Class II officers and one of them dies or suffers permanent incapacitation and either of them has had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years before such death or permanent incapacitation;
Parents of whom the husband is a Class I officer (direct recruitment or pre-forty promoted) and the wife is a Class II officer and the wife dies or suffers permanent incapacitation; andParents of whom the wife is a Class I officer (direct recruitment or pre-forty promoted) and the husband is a Class II officer and the husband dies or suffers permanent incapacitation:Provided that the rule of exclusion shall not apply in the following cases:—Sons and daughters of—Parents both of whom are Class II officers and one of them dies or suffers permanent incapacitation;

Parents both of whom are Class II officers and both of them die or suffer permanent incapacitation, even though either of them had the benefit of employment in any International Organization like UN, IMF, World Bank, etc. for a period of not less than 5 years before their death or permanent incapacitation.

C. Employees in Public Sector Undertaking etc. The Criteria enumerated in A and B above in this category will apply mutatis mutandis to officers holding equivalent or comparable posts in Public Sector Undertakings, Banks, Insurance Organizations, Universities, etc. and also to equivalent or comparable posts and positions under private employment, pending the evaluation of the posts on equivalent or comparable basis in those institutions, the criteria specified in Category VI below will apply to officers in those institutions.
III ARMED FORCES INCLUDING PARA MILITARY FORCES (persons holding civil posts are not included) Son(s) and daughter(s) of parents either or both of whom is or are in the rank of Colonel and above in the Army and to equivalent posts in the Navy and in the Air Force and the Para Military Forces:Provided that:—If the wife of an Armed Forces officer is herself in the Armed Forces (i.e. the category under the consideration) the rule of exclusion will apply when she herself has reached the rank of Colonel;The service ranks, below Colonel, of husband and wife shall not be clubbed together;If the wife of an officer in the Armed Forces is in civil employment, this will not be taken into account for applying the rule of exclusion unless she falls in the service category under item No. II in which case the criteria and conditions enumerated therein will apply to her independently.
IV. PROFESSIONAL CLASS AND THOSE ENGAGED IN TRADE AND INDUSTRY(i) Persons engaged in profession as a doctor, lawyer, chartered accountant, income-tax consultant, dental surgeon, engineer, architect, computer specialists, film artists, and other film professionals, author, playwright, sports persons, sports professionals, media professional, or any other vocations of like status.(ii) Persons engaged in trade, business and industry. Criteria specified against Category VI will apply;
V. PROPERTY OWNERS A. Agricultural holdings. Son(s) and daughter(s) of persons belonging to a family (father, mother and minor children) which owns—Only irrigated land which is equal to or more than 85% of the statutory ceiling area, orBoth irrigated and unirrigated land, as follows:—(i) The rule of exclusion will apply where the pre-condition exists that the irrigated area (having been brought to a single type under a common denominator) is 40% or more of the statutory ceiling limit for irrigated land, (this being calculated by excluding the unirrigated portion). If this pre-condition of not less than 40% exists, then only the area of unirrigated land will be taken into account. This will be done by converting the unirrigated land on the basis of the conversion formula existing, into the irrigate type. The irrigated area so computed from unirrigated land shall be added to the actual area of the irrigated land and if after such clubbing together the total area in terms of irrigate land is 80% or more of the statutory ceiling limit for irrigated land, then the rule of exclusion will apply and disentitlement will occur;(ii) The rule of exclusion will not apply if the land holding of a family is exclusively unirrigated.
B. PlantationsCoffee, tea, rubber etc.Mango, citrus, apple plantations etc. Criteria of income or wealth specified in Category VI below will apply.Deemed as agricultural holding and hence criteria at A above under this category will apply.
C. Vacant land and/or building in urban areas or urban agglomerations. Criteria specified in Category VI below will apply.Explanation.—Building may be used for residential, industrial or commercial purpose and the like two or more such purposes.
VI. INCOME/WEALTH TAX. Son(s) and daughters) ofPersons having gross annual income of Rs. 4.5 lakh or above or possessing wealth above the exemption limit as prescribed in the Wealth Tax Act for a period of three years.Person(s) in Categories I, II, El and VA who are not disentitled to the benefit of reservation but have income from other sources of wealth which will bring them within the income/ wealth criteria mentioned above.Explanation.—Income from salaries and agricultural land shall not be clubbed.

Explanation.—Wherever the expression “permanent incapacitation” occurs in this Schedule, it will mean incapacitation which results in putting an officer out of service.

SCHEDULE III

(See section 5)

The reservation for the members of the Other Backward Classes in services or posts in an establishment shall be given effect to in the following manner, namely:-

(i) A roster of one hundred vacancies will be necessary to give effect to the reservation of vacancies for the Other Backward Classes for direct recruitment. The roster given below shall be adopted for the purpose by each establishment:-

1st Vacancy Scheduled Caste
2nd Vacancy Unreserved
3rd Vacancy Unreserved
4th Vacancy Scheduled Tribe
5 th Vacancy Unreserved
6th Vacancy Other Backward Classes Category A
7th Vacancy Scheduled Caste
8th Vacancy Unreserved
9th Vacancy Other Backward Classes Category B
10th Vacancy Unreserved
11th Vacancy Scheduled Caste
12th Vacancy Unreserved
13th Vacancy Other Backward Classes Category A
14th Vacancy Unreserved
15th Vacancy Scheduled Caste
16th Vacancy Unreserved
17th Vacancy Unreserved
18th Vacancy Scheduled Caste
19th Vacancy Other Backward Classes Category B
20th Vacancy Unreserved
21st Vacancy Scheduled Caste
22nd Vacancy Unreserved
23rd Vacancy Unreserved
24th Vacancy Scheduled Tribe
25th Vacancy Unreserved
26th Vacancy Other Backward Classes Category A
27th Vacancy Unreserved
28th Vacancy Scheduled Caste
29th Vacancy Other Backward Classes Category B
30th Vacancy Unreserved
31st Vacancy Unreserved
32nd Vacancy Scheduled Caste
33rd Vacancy Unreserved
34th Vacancy Unreserved
35th Vacancy Unreserved
36th Vacancy Scheduled Caste
37th Vacancy Unreserved
38th Vacancy Other Backward Classes Category A
39th Vacancy Unreserved
40th Vacancy Scheduled Caste
41st Vacancy Unreserved
42nd Vacancy Unreserved
43rd Vacancy Scheduled Tribe
44th Vacancy Unreserved
45th Vacancy Other Backward Classes Category A
46th Vacancy Unreserved
47th Vacancy Scheduled Caste
48th Vacancy Unreserved
49th Vacancy Other Backward Classes Category B
50th Vacancy Unreserved
51st Vacancy Scheduled Caste
52nd Vacancy Other Backward Classes Category A
53rd Vacancy Unreserved
54th Vacancy Scheduled Tribe
55th Vacancy Unreserved
56th Vacancy Unreserved
57th Vacancy Scheduled Caste
58th Vacancy Unreserved
59th Vacancy Other Backward Classes Category B
60th Vacancy Unreserved
61st Vacancy Scheduled Caste
62nd Vacancy Unreserved
63rd Vacancy Other Backward Classes Category A
64th Vacancy Unreserved
65th Vacancy Scheduled Caste
66th Vacancy Unreserved
67th Vacancy Unreserved
68th Vacancy Scheduled Caste
69th Vacancy Other Backward Classes Category B
70th Vacancy Unreserved
71st Vacancy Scheduled Caste
72nd Vacancy Unreserved
73rd Vacancy Unreserved
74th Vacancy Scheduled Tribe
75th Vacancy Unreserved
76th Vacancy Other Backward Classes Category A
77th Vacancy Unreserved
78th Vacancy Scheduled Caste
79th Vacancy Unreserved
80th Vacancy Unreserved
81st Vacancy Unreserved
82nd Vacancy Scheduled Caste
83rd Vacancy Unreserved
84th Vacancy Other Backward Classes Category A
85th Vacancy Unreserved
86th Vacancy Scheduled Caste
87th Vacancy Unreserved
88th Vacancy Unreserved
89th Vacancy Other Backward Classes Category B
90th Vacancy Scheduled Caste
91st Vacancy Unreserved
92nd Vacancy Unreserved
93rd Vacancy Scheduled Tribe
94th Vacancy Unreserved
95th Vacancy Unreserved
96th Vacancy Unreserved
97th Vacancy Scheduled Caste
98th Vacancy Unreserved
99th Vacancy Other Backward Classes Category A
100th Vacancy Unreserved

(ii) Before making any appointment by direct recruitment, the appointing authority shall ascertain by consulting the register whether the vacancy is reserved or unreserved and if it is reserved, for whom it is reserved. Immediately after an appointment is made the particulars thereof shall be entered in the register and signed by the appointing authority.

(iii) The roster is a running account from year to year and shall be maintained accordingly. If recruitment in a particular year stops at a particular point of a cycle, say at the 5th point, recruitment in the subsequent year shall begin at the next point, that is, at the 6th point.

(iv) The roster shall be maintained separately for permanent and temporary vacancies.

(v) A vacancy due to whatever cause, except termination of service during probation, shall be treated as a fresh vacancy.

By order of the Governor,

MALAY MARUT BANERJEE,
Secy. to the Govt. of West Bengal,
Law Department

List of Other Backward Classes in West Bengal

As on 07 10 2017
SL More Backward (Category A) SL Backward (Category B)
1 Abdal (Muslim) 1 Adaldar (Muslim)
2 Atta (Muslim) 2 Akunji/Akan/Akhan (Muslim)
3 Baidya Muslim 3 Bag (Muslim)
4 Basni/ Bosni (Muslim) 4 Bagani (Muslim)
5 Bayen (Muslim) 5 Baishya Kapali
6 Beldar Muslim 6 Bansi Barman
7 Bepari /Byapari Muslim 7 Baradi (Muslim)
8 Bhangi (Muslim) 8 Barujibi, Barui
9 Bhatia Muslim 9 Betkar (Bentkar)
10 Bhuiya/Bhunya (Muslim) 10 Bhandari (Muslim)
11 Borah /Bara /Bora (Muslim) 11 Bhar
12 Chowduli (Muslim) 12 Bharbhuja
13 Dhanuk 13 Bhujel
14 Dhatri/Dai/Dhaity (Muslim) 14 Bungchheng
15 Dhukre (Muslim) 15 Chaprashi (Muslim)
16 Dhunia 16 Chasatti (Chasa)
17 Fakir, Sain 17 Chitrakar
18 Gayen (Muslim) 18 Christians converted from Scheduled Castes
19 Gharami (Muslim) 19 Churihar
20 Ghorkhan 20 Dalai (Muslim)
21 Ghosi (Muslim) 21 Daptari (Muslim)
22 Goldar/Golder (Muslim) 22 Devanga
23 Gorey (Muslim) 23 Dewan
24 Hajjam (Muslim) 24 Dewan (Muslim)
25 Halsana (Muslim) 25 Dhabak (Muslim)
26 Hati (Muslim) 26 Dhali (Muslim)
27 Hawaikar (Muslim) 27 Dhimal
28 Hawari 28 Gangot
29 Jatuya (Muslim) 29 Gavara
30 Jogi 30 Gazi (Muslim), Par (Muslim)
31 Jolah (Ansari-Momin) 31 Goala, Gope (Pallav Gope, Ballav Gope, Yadav Gope, Gope, Ahir and Yadav)
32 Kalwar 32 Gurung
33 Kan (Muslim) 33 Hele /Halia /Chasi-Kaibartta
34 Kasai 34 Hoseni Goyala (Muslim)
35 Kayal (Muslim) 35 Kahar
36 Khajonkriya /Khajankriya (Muslim) 36 Kalal/Iraqi
37 Khandait 37 Kansari
38 Khansama 38 Kapali
39 Khondekar/Khonkar (Muslim) 39 Karani
40 Khotta Muslim 40 Karmakar
41 Kosta /Kostha 41 Katha (Muslim)
42 Lakhera /Laahera 42 Kazi/Kaji/Quazi/Quaji (Muslim)
43 Mahaldar (Muslim) 43 Keori /Koiri
44 Mai Muslim 44 Khalashi (Muslim)
45 Majhi/ Patni Muslim 45 Khan (Muslim)
46 Mallick 46 Khen
47 Midde 47 Kichni (Muslim)
48 Muchi/ Chamar Muslim 48 Kotal (Muslim)
49 Muslim Barujibi/ Barui 49 Kumbhakar, Kumar
50 Muslim Bhatiyara 50 Kurmi
51 Muslim Biswas 51 Majhi
52 Muslim Chutor Mistri 52 Malakar
53 Muslim Dafadar 53 Malita/Malitha/Malitya (Muslim)
54 Muslim Haidar 54 Mangar
55 Muslim Jamadar 55 Mistri (Muslim)
56 Muslim Kalander 56 Moira (Halwai), Modak (Halwai)
57 Muslim Laskar 57 Mouli (Muslim)
58 Muslim Mali, Faraji (Muslim) 58 Mudi/ Mehedi (Muslim)
59 Muslim Mandal 59 Mukti/ Mufti (Muslim)
60 Muslim Molla 60 Muslim Darji /Ostagar /Idrishi
61 Muslim Nehariya 61 Nagar
62 Muslim Penchi 62 Napit
63 Muslim Piyada 63 Nembang
64 Muslim Rajmistri 64 Newar
65 Muslim Sanpui/Sapui 65 Pahadia Muslim
66 Muslim Sardar 66 Paik (Muslim)
67 Naiya (Muslim) 67 Pailan (Muslim)
68 Nashya-Sekh 68 Purkait (Muslim)
69 Nikari (Muslim) 69 Rai (including Chamling)
70 Pahar (Muslim) 70 Raju
71 Patidar 71 Sadhukhan (Muslim)
72 Raptan (Muslim) 72 Sahana (Muslim)
73 Rayeen (Kunjra) 73 Sampang
74 Roniwar 74 Sana (Muslim)
75 Sekh/Seikh 75 Sarak
76 Shershabadia 76 Sarala/Sarwala (Muslim)
77 Shikari/ Sikari (Muslim) 77 Sareng (Muslim)
78 Siuli (Muslim) 78 Sarkar (Muslim)
79 Sukli 79 Satchasi
80 Tutia (Muslim) 80 Sepai (Muslim)
 81  Hazari (Muslim) 81 Shah (Shah/ Sahaji)
82 Shankakar
83 Sunuwar
84 Sutradhar
85 Swarnakar
86 Tal-Pakha Benia
87 Tamboli/ Tamali
88 Tanti, Tantubaya
89 Tarafdar (Muslim)
90 Teli, Kolu
91 Thami
92 Turha
93 Yogi, Nath

References:

No. 3182-BCW dated 12.09.2013
No. 2770-BCW dated 29.08.2014
No. 183-BCW dated 16.01.2015
No. 2102-BCW dated 01.06.2015
No. 468-BCW dated 04.02.2016
No. 773-BCW dated 26.02.2016
No. 4282-BCW dated 26.12.2016
No. 4283-BCW dated 26.12.2016
No. 1905-BCW dated 07.06.2017