Calcutta HC cancels KMC recruitment, orders new process based on pre-2010 OBC list

In a significant development stemming from the ongoing controversy surrounding Other Backward Classes (OBC) reservations, the Calcutta High Court on Thursday cancelled a previous recruitment notification issued by the Kolkata Municipal Corporation for Sub-Assistant Engineer posts. The bench of Justice Kaushik Chanda questioned how the recruitment process could proceed after a division bench of Justice Tapobrata Chakraborty and Justice Rajasekhar Mantha had already cancelled all OBC certificates issued by the state after 2010.

During the hearing on Thursday, Justice Kaushik Chanda, while emphasizing that there's no need to unnecessarily halt any recruitment or admission, directly addressed the Municipal Corporation's lawyer. He stated clearly, "The division bench has clearly stated in its order that work should be done with 66 communities and following the 7 percent reservation policy." This directive refers to the categories of OBCs that were identified and recognized before 2010, which remain valid as per the court's earlier pronouncement.

Following this clarification, Justice Chanda ordered that the process of recruitment for the Sub-Assistant Engineer posts within the Municipal Corporation should commence immediately, but strictly by the division bench's order in the OBC case, meaning only for the 66 valid OBC communities. The court also took into account the municipal commissioner's statement, directing the Kolkata Municipal Corporation to apply to the state government on Thursday itself, seeking permission to recruit for the vacant posts.

The court further mandated that the state government must grant the necessary permission within the next seven days. Once this permission is secured, the remaining stages of the recruitment process for the 78 vacant positions will proceed according to the established rules, ensuring adherence to the court's latest directives. This specific number of vacancies indicates the immediate impact of the judgment on KMC's hiring plans.

The Kolkata Municipal Service Commission had recently published a notification for the recruitment of Sub-Assistant Engineer posts, with 78 vacancies in total, reserving 8 for OBC (A) and 5 for OBC (B) categories. This notification was challenged in the High Court by petitioners who argued that it ignored the court's earlier verdict cancelling OBC certificates issued post-2010.