Madhya Pradesh HC Stays Ordinance Increasing OBC Reservation Quota [Read Order]

In an interim order issued in a writ petition filed by Ashita Dubey, the Division bench comprising Justice Ravi Shankar Jha and Justice Sanjay Dwivedi directed the state to not provide reservation of more than 14% for OBC category in admission made to the colleges on the strength of the Ordinance.

The ordinance promulgated by the Governor Anandiben Patel increased the reservation in government jobs and university admission to the OBC category from the existing 14% to 27%. This is apart from 16% reservation to Scheduled Castes and 20% to Scheduled Tribes.

Before the bench, it was contended that, with this ordinance, the statutorily prescribed reservation has gone up to 63% which is constitutionally impermissible.

The bench has listed the matter after a week.

50% Rule: Indra Sawhney

The majority of seven judge bench of the Supreme Court which decided the Indra Sawhney case had held as follows:

The reservations contemplated in Clause (4) of Article 16 should not exceed 50%. While 50% shall be the rule, it is necessary not to put out of consideration certain extraordinary situations inherent in the great diversity of this country and the people. It might happen that in far-flung and remote areas the population inhabiting those areas might, on account of their being out of the main-stream of national life and in view of the conditions peculiar to and characteristic of them need to be treated in a different way, some relaxation in this strict rule may become imperative. In doing so, extreme caution is to be exercised and a special case made out.

Read Order