Kolkata: Calcutta High Court on Friday
admitted a PIL challenging West Bengal government`s decision
to allot an additional 10 per cent quota to Most Backward
A division bench comprising Chief Justice J N Patel
and Justice Asim Roy directed the West Bengal government to
file an affidavit stating its position within four weeks.
The petition claimed that the reservation in the garb
of MBC was given to Muslim minority castes, many of which were
above the prescribed criteria.
The petitioner, Kartik Kapas, who is secretary of
Confederation of OBC, SC/ST and Minorities-- a private
organisation, submitted that the Constitution did not permit
any reservation on the ground of religion or faith.
Seeking nullification of the reservation announced by
Chief Minister Buddhadeb Bhattacharjee and later notified, the
petitioner submitted that it violated the basic tenets of the
On September 22, the West Bengal Government published
a notification announcing reservation of 10 per cent for MBC,
apart from the existing seven per cent quota for OBC.
In the existing OBC category, which was now named
Backward Classes, there were 64 castes of which 52 were Hindu
and 12 Muslim.
In the newly announced MBC, of the total 56 castes, 52
are Muslim and the remaining four Hindu.
Advocate Pratik Dhar represented the government in the
The matter would come up for hearing again after four