Kolkata, August 19: The Calcutta High Court has ordered an interim stay on a recent notification from the West Bengal government regarding the verification of caste certificates issued in the state.
The division bench, comprising Acting Chief Justice Tapa Brata Chakraborty and Justice Atarup Banerjee, stated that the stay on the government’s notification, issued on May 14, will remain in effect until the court resolves the matter or issues further orders.
The May 14 notification mandated the verification of all certificates issued to Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs) from 2011 onwards. It specified that any certificate found to be fraudulent would be canceled.
This decision by the new state government follows numerous complaints about the widespread issuance of fake caste certificates during the 15-year tenure of the Trinamool Congress government led by Mamata Banerjee, from 2011 to 2026.
In response, a public interest petition was filed in the Calcutta High Court challenging the state’s notification. The petitioner argued that the state lacks the authority to cancel such certificates.
According to the petitioner, many individuals who obtained caste certificates during this period would be adversely affected by the state’s action, as their names are currently under review by the Special Intensive Revision (SIR) Tribunal.
The petitioner also claimed that the state’s decision was unilateral and violated the Scheduled Castes and Scheduled Tribes Identification Act of 1994. The petition further asserted that such “discriminatory” actions, without any allegations of fraud or evidence, contravene constitutional rights.
The petitioner informed the court that they had requested the state government to reconsider its directive on June 4, but received no response, prompting them to approach the Calcutta High Court.
During the hearing on Tuesday, Advocate General Surjit Nath Mitra argued that the state government could verify voter cards, Aadhaar cards, and other documents along with caste certificates.
However, this argument did not yield results, as the division bench ultimately ordered an interim stay on the notification regarding the verification of caste certificates until further notice or resolution of the case by the court.
The division bench noted that if the state government receives complaints about fraudulent caste certificates, district officials would be able to investigate and make decisions based on the validity of those complaints.
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