MP High Court Limits OBC Reservation to 14% in State Services
The Madhya Pradesh High Court has ruled that OBCs are entitled to 14% reservation, not 27%, citing the 50% ceiling set by the Supreme Court.
In a significant legal development regarding affirmative action, the Madhya Pradesh High Court has ruled that Other Backward Classes (OBCs) are entitled to a 14 per cent reservation in state public services and higher education, rather than the 27 per cent previously implemented by the state government.
The court's decision comes after a detailed examination of the state’s decision to hike the quota via Ordinance No. 2/2019, which had been in effect since March 2019. The ruling emphasizes the necessity of adhering to the legal frameworks established by the judiciary.
The 50% Ceiling and Constitutional Limits
The High Court noted that while the state had attempted to increase the reservation from 14% to 27%, there were no extraordinary circumstances to justify breaching the 50 per cent reservation ceiling established by the Supreme Court of India.
Referring to landmark legal precedents, the court stated:
"This case is not about grant of reservation but extent of reservation. OBCs are certainly entitled to get reservation to the extent of 14 percent. However, the case is not made out for increasing the reservation from 14% to 27%. No extraordinary conditions or emergent situations exist as per judgment rendered by the Apex Court in the case of Indra Sawhney and later on reiterated in the case of Jaishri Laxmanrao Patil."
The bench observed that based on available data in both higher education and public services, OBCs appear to be adequately represented under Article 16(4) of the Constitution of India, suggesting they are already well-integrated into the mainstream.
Protection for Existing Appointments
While the ruling scales back the reservation percentage, the court provided crucial relief to those already employed under the previous quota. The judgment protects all appointments made under the 2019 Amendment Act up until September 29, 2022.
Key details regarding these appointments include:
- No Terminations: OBC candidates appointed against posts exceeding the 14 per cent quota (up to the 27 per cent mark) between March 2019 and September 29, 2022, will not be removed from their jobs.
- Adjustment Plan: These "excess" appointments will be subsumed or adjusted within the next three recruitment drives.
- Post-September 2022 Rules: All appointments made after September 29, 2022, must adhere strictly to the 14 per cent limit.
Directives for Recruitment Agencies
The court has issued strict instructions to all recruitment bodies, including the Madhya Pradesh Public Service Commission (MPPSC) and the Madhya Pradesh State Employees Selection Board.
For the remaining 13 per cent of posts that were previously allocated to the expanded OBC quota, the court ordered that these must be filled by candidates from the unreserved category to ensure the total seats reach 100 per cent. Recruitment agencies have been directed to complete these appointments for the unreserved posts within a period of three months.