MP High Court Dismisses Petition, Clears Path for 27% OBC Reservation
The Madhya Pradesh High Court has dismissed a public interest petition challenging the state's decision to grant 27% reservation to the Other Backward Classes (OBCs). This clears the way for the implementation of the reservation policy. On August 4, 2023, the court had directed the state government to implement an 87:13 formula, leading to a halt in all recruitments in the state. The case was heard by the Chief Justice of the High Court, Suresh Kumar Kait, and Justice Vivek Jain. The petition was filed by the Youth for Equality organization of Sagar.
Advocate Rameshwar Singh Thakur stated that after the decision, the government will now have to start working afresh on the 27% OBC reservation policy. Additionally, 13% hold posts related to recruitment will now be unheld. On September 2, 2021, the state government, following the advice of the then Advocate General, issued a circular allowing 27% reservation for the OBC category, with some exceptions. These exceptions included the NEET PG 2019-20, PSC Medical Officer recruitment 2020, and the high school teacher recruitment for five subjects.
Legal experts stated that the dismissal of the petition means the stay on the 27% OBC reservation has been removed, clearing the way for its implementation in most cases. However, the government now has to decide on the future course of action. The High Court made it clear that the recruitment for hold posts, which were previously suspended due to earlier orders, could now be resumed.
On August 4, 2023, the High Court had issued an interim order directing the state government to apply an 87:13 formula. Under this formula, 87% of the seats were kept unreserved and only 13% were allotted for OBC candidates, which prevented the benefit of the 27% OBC reservation from reaching many eligible candidates. Now, the government has been instructed to present its revised response to the High Court.
In the past, Ashiti Dubey challenged the OBC reservation in the medical field for the first time, leading to the High Court’s interim order on March 19, 2019, which imposed a stay on the 13% increased OBC reservation. This interim order led to a halt in many other recruitments as well. The petition was later transferred to the Supreme Court on September 2, 2024. Similarly, the state government has transferred around 70 petitions related to OBC reservation to the Supreme Court, and decisions on them are still pending.