WEST BENGAL COMMISSION FOR BACKWARD CLASSES SEVENTH REPORT Further to the 6 th Report made by the Commission and submitted on the 14 th November, 1996, the Commission has since considered further requests from different classes of citizens for inclusion of the said classes in the list of ‘Backward Classes’ of the State. The Commission in this 7 th Report is making its recommendation and tendering its advice to the State Government with regard to further matters considered and decided by the Commission. In the 6 th Report submitted by the Commission, the Commission has held after careful consideration of all aspects and for detailed reasons stated in the Report that any class of citizens must be socially and educationally backward to constitute a ‘Backward Class’ within the meaning of the West Bengal Commission for Backward Classes Act, 1993. The Commission in the earlier Report has also laid down the criteria and tests for determining the social and educational backwardness of any particular class of citizens. It does not, therefore, become necessary to repeat the same in this Report. Bearing in mind the principles enunciated and the criteria and tests laid down for deciding the social and educational backwardness of any particular class, the Commission has proceeded to consider the requests for inclusion in the list of Backward Classes of the State made on behalf of a number of classes of citizens. The Commission now proceeds to examine the request of the Hele/Halia-Chasi-Kaibartta (Mahishya) class on its merits to come to its conclusion as to whether the said class constitutes backward class within the meaning og the West Bengal Commission for Backward Classes Act, 1993. HEKE/HALIA/CHASI—KAIBARTTA. Several representations have been received by the Commission for inclusion of the Hele/Halia-Chasi-Kaibartta (Mahishya) class of people in the list of backward classes in the State of West Bengal. Representations have been made by various organizations of this class as well as by many others who belong to this class by filing mass petitions and also by individual petitions. Many representations have also been received by the Commission from Members of this class objecting to and opposing the prayer for inclusion of the Mahishya class in the list of ‘Backward Classes’ in the State. The Commission, however, received further more applications praying for inclusion of the Hele/Halia- Chasi-Kaibartta class in the list of Backward Classed in the State of West Bengal. It has been stated that ‘Hele/Halia-Chasi-Kaibartta’ had originally formed the class and still forms a class. This class has been stated to form the basic foundation and to be at the root of the ‘Mahishya’ class which appears to have been brought into existence as a result of agitation for reforms in this class and the ‘Mahishya’ class also has claimed to be recognized in this class. This aspect will be discussed later on. It may be noted that though in the representations to the Commission and in course of the submissions made before the Commission, the term ‘Mahishya’ has been mainly used and emphasis has been laid on the term ‘Mahishya’, it was argued that the term ‘Mahishya’ brings in its fold and includes the Hele/Halia-Chasi-Kaibartta class which is the root and foundation on which the ‘Mahishya’ class came to be based and recognized in course of time and the representations and submissions apply to and cover the Hele/Halia- Chasi-Kaibartta persons in the class. As earlier noted, representations have been made on behalf of the class by various organizations of the ‘Mahishya’ class and also by individuals by filing mass petitions and individual petitions to establish the claim for inclusion of the class in the list of ‘Backward Classes’ in the State of West Bengal. Representations have also been made on behalf of various members of the class by filing individual and mass petitions, opposing the prayer for inclusion of the ‘Mahishya’ class of people in the list of Backward Classes in the State. It may be mentioned that the objections which have been raised are directed against the inclusion of ‘Mahishya’ class as such in the list of Backward Classes in the State; and not against the inclusion of the Hele/Halia-Chasi- Kaibartta class in the list of Backward Classes of the State of West Bengal. The Commission gave a hearing to the class on 13.05.1994. The organizations and individuals praying for inclusion of the ‘Mahishya’ class in the list of Backward Classes in the State appeared before the Commission and proceeded on the basis that the ‘Mahishya’ class brings in its fold /Halia-Chasi- Kaibartta class and includes the persons in that class. The representation is that the ‘Mahishya’ class which covers persons in the Halia-Chasi-Kaibarttaclass happens to be the largest class in the State and this class is socially and educationally backward and is economically impoverished. Facts and figures were submitted in course of evidence on oath and various illustrations were cited to establish the social and educational backwardness of the class and the very poor economic condition of the persons belonging to this class. The persons opposing the prayer for inclusion of the ‘Mahishya’ class in the list of Backward Classes in the State, however, submitted, on the other hand , at the hearing that the ‘Mahishya’ class as such is neither socially nor educationally backward; and it is the contention of these persons objecting to the prayer for inclusion of the ‘Mahishya’ class in the list of Backward Classes of the State that the ‘Mahishya’ class as such consists of persons who have been very flourishing and affluent in society, and they have, in fact, been the dominating class in the society and have bneen at the forefront of India’s freedom struggle. They have further submitted that many outstanding persons from this class had been the leaders of society and they had brought glory not only to the ‘Mahishya’ class but also to the entire people in the whole of Bengal which was then undivided and indeed to the whole of India. Various illustrations have been cited in support of the submissions made. In view of the serious objections raised by a section of the ‘Mahishya’ class against the inclusion of the ‘Mahishya’ class in the list of Backward Classes in the State, the Commission decided to call for a report from the Indian Statistical Institute, Calcutta, regarding the social and educational status of this class. The Commission entrusted the Indian Statistical Institute(known as ISI and hereinafter referred to as ISI) which is considered to be a reputed and reliable organization with proper expertise and experience to take all necessary measures and appropriate actions in the matter of collection of facts, figures and statistics, and to submit a report to the Commission as to the social and educational position of the class in the State with necessary and proper materials on which the report was to be based. The terms of reference were also indicated to the ISI by the Commission. The ISI was, however, free to take such steps as they considered necessary and proper, for undertakjing the field work and sample survey to collect the informations and materials for the preparation and susbmission of the report to the Commission. The ISI submitted its report to the Commission and after the report of the ISI was received, the matter was taken up for further hearing on 27.11.1993. At the hearing various organizations and individuals reporesenting the ‘Mahishya’ class and praying for inclusion of this class in the list of Backward Classes in the State appeared. Evidence- oral and documentary- were produced and various authorities were also cited to prove social and educational backwardness of the section of the class, opposing the inclusion of this class in the list of Backward Classes in the State, however, appeared; but communications in writing were sent to the Commission by the members of this class opposing the inclusion of ‘Mahishya’ class in the list of Backward Classes in the State, intimating the Commission that they had been obstructed and physically prevented from making their appearance before the Commission and from placing their submissions and, therefore, they were making their submissions and expressing their views in writing and the written submissions forwarded contained the grounds and views with necessary materials and particulars to establish that the ‘Mahishya’ class was not a socially and educationally backward class and was not a class which could be included in the list of Backward Classes in the State. It should be recorded at this stage that at the time of hearing, one lawyer, claiming to be the junior of Smt. Sipra Sarcar who has filed a writ petition in the Calcutta High Court on behalf of Shri Partha Sircar and others challenging validity of the procedure adopted by the Commission and praying for non-inclusion of the ‘Mahishya’ class in the list of Backward Classes in the State and for a stay of the hearing before the Commission for inclusion of this class in the list of Backward Classes in the State, had appeared. The lawyer submitted that the writ petition was pending before the Hon’ble High Court, Calcutta and fixed for hearing on 20.12.1995. It was pointed out to the lawyer that no notice of any such petition has been served on the Commission and the Commission was also not aware of the subject-matter of the writ petition or of the allegations made in the writ petition. The said lawyer told the Commission that no order of stay of the proceedings before the Commission had been granted by the Hon’ble High Court.