Madhya Pradesh High Court Rules OBCs Entitled to 14% Reservation

The Madhya Pradesh High Court ruled on 9 October 2023 that the Other Backward Classes (OBC) are entitled to a 14% reservation in public services and higher education. The court struck down the enhanced 27% quota introduced by the state government in 2019. A division bench comprising Justices Anand Pathak and Vinay Saraf delivered the judgment while addressing a series of petitions challenging the amendment to the state’s reservation law.

The court determined that the data available presented adequate OBC representation in public employment and higher education. It stated that the state failed to demonstrate any exceptional circumstances that would justify increasing the quota beyond the existing 14%. This decision is significant as it resolves uncertainties surrounding recruitment processes that had been stalled due to the ongoing legal dispute.

The controversy began in March 2019 when the then Congress government, led by Kamal Nath, introduced an ordinance raising the OBC reservation from 14% to 27%. The state subsequently amended the relevant legislation to provide a legal basis for this higher quota. However, this amendment faced legal challenges, leading to a prolonged period of uncertainty for recruitment agencies.

The High Court’s latest ruling also mandated that recruitment agencies, including the Madhya Pradesh Public Service Commission (MPPSC) and the Madhya Pradesh Employees Selection Board, complete appointments for the 13% of posts withheld under the previous arrangement within three months. This directive aims to address delays in recruitment that have affected many candidates.

In its judgment, the court referenced previous Supreme Court rulings, including the Indra Sawhney and Jaishri Laxmanrao Patil cases, regarding the 50% ceiling on total reservations. The bench concluded that the circumstances presented did not warrant an increase beyond this limit. The court clarified that the focal issue was not whether OBCs should receive reservations but whether the increase from 14% to 27% was legally justified.

The court examined the representation of OBCs in higher education and government employment. According to figures discussed in the judgment, OBC students made up 33.87% of enrolment in higher education, while OBC representation in government jobs was reported at 28.16%. The bench found these statistics pertinent in determining whether OBCs had adequate representation under the constitutional framework governing reservations.

While the ruling rejects the enhanced quota, it does not eliminate the existing 14% reservation for OBCs. The court’s decision protects appointments made under the increased quota between March 2019 and September 29, 2022, ensuring that candidates appointed during this period will not be removed from service. These appointments will be adjusted in future recruitment drives as per the court’s direction.

The ruling marks a significant development in the ongoing legal and administrative challenges surrounding OBC reservations in Madhya Pradesh. The three-month deadline for filling the withheld posts provides a timeframe for recruitment agencies to act on the vacancies affected by this judgment. The implementation of the court’s directives will be closely monitored by government departments and candidates awaiting resolution in the ongoing recruitment processes.