GOVERNMENT OF WEST BENGAL
BACKWARD CLASSES WELFARE DEPARTMENT
ADMINISTRATIVE BUILDING, 4th & 5th FLOOR
DJ 4, SECTOR II, SALT LAKE, KOLKATA
Website: www.anagrasarkalyan.gov.in
No. 1060/Secy/BCW/7P-63/2024 Dated: 07.08.2026
WHEREAS, the Hon’ble Division Bench of the High Court at Calcutta, vide Judgment dated 22nd May, 2024 passed in the matter of WPO 60 of 2011 with WPA 22145 of 2010 with WPA 8844 of 2020 with WPO 1160 of 2013 with WPO 578 of 2012, struck down, inter alia, 113 (one hundred and thirteen) classes out of the then enlisted 179 (one hundred and seventy nine) classes in the State List of Other Backward Classes (OBCs), which had been included from time to time for the reason stated therein;
AND WHEREAS, in the said judgment of Hon’ble Division Bench remaining 66 (sixty six) classes included in the State List of OBCs prior to 2010 were not interfered with;
AND WHEREAS, the Hon’ble Division Bench further struck down the then categorisation of enlisted OBCs as OBC (Category-A) and OBC (Category-B);
AND WHEREAS, the Hon’ble Division Bench further struck down the distribution of the total 17% reservation for OBCs, i.e. 10% for OBC (Category-A) and 7% for OBC (Category-B), leaving only 7% OBC reservation for such 66 classes;
AND WHEREAS, the Hon’ble Division Bench of the High Court at Calcutta further directed that “The services of citizens from the 77 classes and the 37 classes (added in exercise of Section 16) struck down above, who were already in the service of the State, or have already availed the benefit of reservation or have succeeded in any selection process in the State, shall not be affected by the reason of this judgment.“;
AND WHEREAS, being aggrieved by the aforesaid Judgment dated 22nd May, 2024, the State of West Bengal filed Special Leave Petitions being SLP(C) Nos. 017751-017755/2024 before the Hon’ble Supreme Court of India, and the West Bengal Commission for Backward Classes also filed SLP(C) Diary No. 36073 of 2024 against the said Judgment;
AND WHEREAS, after mentioning the matter before the Hon’ble Supreme Court of India and on the basis of recommendations of the West Bengal Commission for Backward Classes, this Department, with due approval of the State Cabinet, published five Notifications bearing Nos. 917-BCW/MR-33/2025 dated 8th May, 2025, 1056-BCW/MR-33/2025 (Pt. I) dated 27th May, 2025, 1057-BCW/MR-38/2025 dated 27th May, 2025, 1106-BCW/MR-33/2025 dated 3rd June, 2025 and 1107-BCW/MR-38/2025 dated 3rd June, 2025, read with Corrigendum Notification No. 1172-BCW/MR-38/2025 dated 12th June, 2025, regarding sub-categorisation of the enlisted backward classes, inclusion of new classes in the State List of OBCs and increase as well as distribution of percentage of reservation for OBCs in the State;
AND WHEREAS, all the aforesaid Notifications were challenged before the Hon’ble High Court at Calcutta and the Hon’ble Division Bench, vide interim order dated 17th June, 2025 passed in connection with WPA (P) 111 of 2025 with IA No. CAN 1 of 2025 and other connected matters, stayed the operation of the aforesaid Notifications and all consequential steps taken by the State Government;
AND WHEREAS, subsequently, the State of West Bengal filed Special Leave Petitions bearing SLP(C) No. 017422/2025, SLP(C) No. 017528/2025 and SLP(C) Nos. 017973-017974/2025 against the aforesaid order dated 17th June, 2025 before the Hon’ble Supreme Court of India;
AND WHEREAS, the Hon’ble Supreme Court of India, vide order dated 28th July, 2025, was pleased to stay the operation of the impugned order dated 17th June, 2025 passed by the Hon’ble High Court at Calcutta;
AND WHEREAS, subsequently, the State Government decided to comply with the order & Judgment dated 22nd May, 2024 passed by the Hon’ble High Court at Calcutta and accordingly decided to withdraw all Special Leave Petitions pending before the Hon’ble Supreme Court of India in matters relating to OBC reservation;
AND WHEREAS, with due approval of the State Cabinet, this Department published two fresh Notifications bearing Notification No. 944-BCW/MR-23/2026 dated 18th May, 2026, for withdrawal of all the aforesaid previous Notifications issued in connection with OBC reservation in 2025, and Notification No. 945-BCW/MR-23/2026 dated 18th May, 2026, notifying the State List of OBCs comprising 66 classes which were not interfered with in the aforesaid Judgment of the Hon’ble High Court at Calcutta, for availing 7% reservation in services and posts under the Government of West Bengal;
AND WHEREAS, the Hon’ble Supreme Court of India, vide order dated 14th July, 2026, disposed of all the aforesaid pending Special Leave Petitions and dismissed the same as withdrawn;
AND WHEREAS, in the context of reservation for Other Backward Classes (OBCs) in appointments to services and posts under the Government of West Bengal, Chairpersons/ Heads of various recruiting organisations and various head of the departments sought clarification for implementation of reservation policy in respect of the OBCs in the State of West Bengal.
AND WHEREAS, in response thereto, requisite information has been received from the different recruiting organisations/ authorities concerned regarding the status of ongoing recruitment processes;
AND WHEREAS, in view of the above, considered opinion was solicited from the Ld Advocate General, West Bengal and Ld Legal Remembrancer, West Bengal and opinion of Ld Solicitor General of India was also solicited through Additional Advocate General, West Bengal regarding the applicability of the revised reservation policy to recruitment processes initiated prior to the Judgment dated 22nd May, 2024, advertisements were issued following the 100-Point Roster of vacancies in terms of Notification No. 50-Emp/1M-25/98 dated 1st March, 2011 of the Labour Department, wherein reservation was provided at the rate of 10% for OBC-A and 7% for OBC-B, applicable to the 179 classes then enlisted in the State OBC List or initiated on or after 10th June, 2025 and up to 18th May, 2026, wherein recruitment processes were undertaken pursuant to Notification Nos. 917-BCW/MR-33/2025 dated 8th May, 2025, 1056-BCW/MR-33/2025 (Pt. I) dated 27th May, 2025, 1057-BCW/MR-38/2025 dated 27th May, 2025, 1106-BCW/MR-33/2025 dated 3rd June, 2025 and 1107-BCW/MR-38/2025 dated 3rd June, 2025, read with Corrigendum Notification No. 1172-BCW/MR-38/2025 dated 12th June, 2025, all published in the Kolkata Gazette on 10th June, 2025, wherein reservation was fixed at the rate of 10% for OBC-A and 7% for OBC-B, applicable to the 140 classes included in the State List, read with Notification No. Labr/110-Emp/EC/1M-01/2025 dated 13th June, 2025 of the Labour Department regarding the Model 100-Point Roster, particularly with respect to the different stages of recruitment;
AND WHEREAS, the State Government has been advised that the recruitment process initiated during the periods in question and where appointment letters have already been issued to the successful candidates on the basis of the final merit list shall abide by the then reservation policy of the State Government so far as OBC reservation is concerned. In respect of the other cases, the Government has been advised to follow notifications published vide Nos. 944-BCW/MR-23/2026 dated 18.05.2026 and 945-BCW/MR-23/2026 dated 18.05.2026 read with Notification No. Labr/85-Emp/EC/ 1M-01/2025 dated 25.05.2026 of the Labour Department.
NOW THEREFORE, all the recruiting agencies/ authorities of the State of West Bengal are hereby advised to act accordingly while disposing the ongoing recruitment processes.
Secretary to the Govt. of West Bengal