OBC Quota: Madhya Pradesh HC Orders State To Pay 50K Cost In Unreserved Candidates' Plea Challenging Separate Merit Lists By MPPSC For 13% Appointments

The Division Bench of Justices Raj Mohan Singh and Devnarayan Mishra censured the state for its failure to file a reply upon receipt of notice in the matter. The court, on the last occasion, had asked the respondent state to disclose the names and merit ranking of those students who have found themselves in the separate lists [Unreserved List & OBC List] maintained by MPPSC for appointment in the withheld 13% of advertised vacancies.

The stance of the state so far indicates that a final decision on those appointments would be made only upon the final adjudication of matters related to the enhancement of OBC Quota from 14% to 27%, pending before courts.

“It is made clear that the respondent/State may recover the amount of cost after fixing the responsibility on some erring officer who has derelicted in not complying with the order in time”, the bench sitting at Jabalpur lamented about the 'pathetic attitude' of the state for the non-compliance of its earlier order dated 04.04.2024.

The matter has been listed for the state's response on 31st July 2024, subject to the deposit of Rs 50,000/- with M.P. High Court Legal Service Authority, Jabalpur. Pertinently, in its order dated 04.04.2024, the High Court had also given the following directions:

“…The merit ranking of petitioners be also disclosed…Return should also disclose in specific terms as to whether any candidate securing lower merit ranking than the petitioners has been appointed to fill up 87% vacancies”.

Adv. Anshuman Singh appeared for the petitioners. Govt. Adv. Darshan Soni represented the State.

Background

The petitioners, in this case, are candidates belonging to the Unreserved Category who participated in the 2019 MPPSC Exams. They seek a direction in the nature of the mandamus to negate the relevant circulars issued by the state that provide for withholding 13% vacancies and for creating two separate lists of 13% each for the OBC and unreserved categories. For the years 2019 and 2020, the final select lists with regard to 87% of vacancies have already been issued by the state government, the petition adds.

As a further relief, the petitioners want the state authorities to release the results of the remaining 13% vacancies from the unreserved category candidates' merit list itself, after restricting the extent of OBC Reservation to the existing 14% for the 2019 and 2020 PSC exams.

The plea also seeks the court's assent for a provisional declaration of results for the withheld 13% vacancies from the unreserved list and make appointments accordingly, subject to the final outcome of the writ petition.

Earlier, many writ petitions were filed before the High Court challenging the enhancement of OBC Reservation from 14% to 27% by amending the provisions of M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994. In these petitions, the court passed interim orders stipulating the government to adhere to the 14% rule for OBC Reservation.

The petitioners also argue that the state government has been deliberately protracting the other pending writ petitions regarding OBC Reservation, though they finalized the selection list and issued appointment orders without such delay.

According to the petitioners, the state government later devised the formula of '87%-13%-13%' in appointments to circumvent the constitutional invalidity in the enhancement of reservation from 14% to 27% as laid down in Dr Jaishri Laxmanrao Patil v. The Chief Minister & Ors.[Maratha Quota Case] (2021) 8 SCC 1 and Indira Sawhney v. The Union of India & Ors 1992 Suppl. (3) SCC 217.

Case Title: Pragya Sharma & Others v. The State Of Madhya Pradesh & Ors.

Case No: WP No. 5596 of 2024

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