High Court directs authorities to restrict OBC reservation to 14%
   Date :05-May-2022

OBC reservation  
 
 
 
 
Legal Correspondent
In the matter challenging the advertisement which was providing 27 per cent reservation for OBC category for appointment to Assistant District Public Prosecution Officer, the Division Bench of the MPHC comprising of Justice Sheel Nagu and Justice Dinesh Kumar Paliwal has said “Consequently, this court following the principle of parity directs as an interim measure that to maintain the upper limit of 50 per cent in vertical reservation in services as laid down by various judicial pronouncements of Apex Court, impugned notification dated on December 24, 2019, shall remain stayed to the extent it provides for enhanced 13 per cent reservation for OBC category with clarification that reservation for OBC category till pendency of this petition shall continue to be restricted to 14 per cent. As a necessary consequence, respondents are also restrained from providing reservation for OBC category beyond 14 per cent qua the recruitment initiated by advertisement dated on June 7, 2021, its corrigendum dated on November 16, 2021, and January 27, 2022.”
Division Bench has also issued notices to the Principal Secretary, Home Department, Bhopal, Secretary, General Administration Department, Bhopal, and Secretary of Madhya Pradesh Public Service Commission, Indore, and asked them to file their reply before the court. Division Bench has issued said order on the petition filed by Shivam Gautam. Challenge in this petition filed under Article 226 of the Constitution is to notification dated on December 24, 2019, substituting Schedule-1 appended to Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Rules, 1998 enhancing the quota of reservation for OBC category from 14 per cent to 27 per cent for State-level posts/cadres to be filled up by direct recruitment. Consequent, challenge is also made to advertisement dated on June 7, 2021, its corrigendum dated on November 16, 2021 and January 27, 2022 providing 27 per cent reservation for OBC category for appointment to Assistant District Public Prosecution Officer. Advocate Brahmendra Pathak, counsel for the petitioner, submitted that prior to the aforesaid amendment in the Rules, MP Ordinance No. 2 of 2019 was brought into force providing for similar enhancement in the reservation quota for OBC category from 14 per cent to 27 per cent. This Ordinance was challenged in another writ petition and several other similar petitions where this court granted interim relief to the extent of restraining the official respondents from providing more than 14 per cent reservation to OBC category.