The Supreme Court on Monday, while hearing the OBC status given to several castes in West Bengal, made an important statement that reservation cannot be given on the basis of religion. The Calcutta High Court made this statement while hearing a petition challenging the decision of the West Bengal government to cancel the reservation given by the Calcutta High Court since 2010. The High Court made this statement while hearing a petition challenging this decision. A bench of Justices B.R. Gavai and K.V. Vishwanathan of the High Court heard the case and Justice Gavai said that reservation cannot be given on the basis of religion. Arguing against this, senior advocate Kapil Sibal, representing the state government, said that this reservation was not given on the basis of religion, but it was determined on the basis of backwardness. The Calcutta High Court had cancelled the reservation given to various castes since 2010. Which was declared illegal by the state government, stating that it was being misused in government jobs and government educational institutions. Challenging this decision of the High Court, the state government approached the Supreme Court. The High Court had cancelled the reservation given to 77 categories between April, 2010 and September, 2010. It also cancelled 37 categories for reservation as OBC under the West Bengal Backward Classes (other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. Calling the decision of the High Court wrong, senior advocate Sibal argued in the Supreme Court that this decision of the High Court will affect the rights of lakhs of students who want to study in schools and colleges. It will adversely affect the youth who want government jobs. Therefore, there is an appeal to issue an interim order on this issue and stay the order of the High Court. The Supreme Court will hear the matter in detail on January 7. While hearing the case on August 5, the Supreme Court asked the West Bengal government to provide statistical information on the social and economic backwardness of the new castes included in the OBC list and their inadequate representation in public sector jobs.
‘Reservation cannot be given on the basis of religion’ Supreme Court gave an important statement, West Bengal defended
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