Madhya Pradesh High Court Stays State Policy Increasing OBC Reservation From 14% To 27% In MPPSC Examination
The Madhya Pradesh High Court recently granted stay against the policy of the State Government to increase the reservation for the OBC category from 14% to 27% in Madhya Pradesh Public Service Commission. The stay was granted corollary to similar interim reliefs granted by the Court in identical matters, wherein the said policy of increasing the OBC reservations was...
The Madhya Pradesh High Court recently granted stay against the policy of the State Government to increase the reservation for the OBC category from 14% to 27% in Madhya Pradesh Public Service Commission. The stay was granted corollary to similar interim reliefs granted by the Court in identical matters, wherein the said policy of increasing the OBC reservations was under challenge.
Granting the interim relief, the Division Bench of Justice Sheel Nagu and Justice M.S. Bhatti observed-
The issue which is involved in all the present writ petitions as regards the conferment of the benefit of reservation to OBC Category to the extent of 27%. The interim order passed in all connected matters in this bunch of petition is to the effect that the respondent shall ensure that reservation for OBC Category shall not be more than 14% while declaring the result of concerned examinations…Thus, since the interim orders are in operation in number of petitions to maintain parity, we direct the respondent to ensure that the reservation for OBC Category shall not be more than 14% while carrying out the process of M.P. State Services, Preliminary/Main Examination-2020.
Case of the Petitioner
The Petitioner, a student, was challenging the legality and validity of the gazetted notification dated 14.08.2019, whereby the amendment has been incorporated in the Madhya Pradesh Lok Seva Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke liye Arakshan) Sanshodhan Adhiniyam, 2019, corollary to which the reservation for the OBC Category has been increased to 27% from 14%.
The Petitioner is also challenging the result of the Preliminary Examination of the State Civil Services Examination, 2020, dated 15.01.2022, conducted by MPPSC, wherein the reservation provided to the OBC category candidate has crossed the limit of 14%, taking the total reservation percentage beyond the 50% mark for the ST, SC and OBC Category. The Petitioner has argued that the said policy of reservation goes against the dictum laid down by the Apex Court in Indra Sawhney v. Union of India.
Case Title: SATENDRA SINGH BHADAURIA Vs THE STATE OF MADHYA PRADESH AND OTHERS