Bhopal: The Madhya Pradesh government is preparing to approach the Supreme Court against the High Court’s decision to strike down the state’s 27 per cent reservation for Other Backward Classes (OBCs) in government recruitment and higher education. The move follows a ruling that restored the earlier 14 per cent quota and directed recruitment agencies to fill posts that had remained on hold during the prolonged legal dispute.
State Panchayati Raj and Rural Development Minister Prahlad Patel announced that the government would challenge the decision after examining the High Court’s detailed order. The proposed appeal could take the seven-year dispute over enhanced OBC reservation into a new phase of litigation.
“The state government will approach the SC on the issue and present its case firmly,” Patel said, adding that the government would continue pursuing the matter responsibly.
Madhya Pradesh High Court Restores OBC Quota to 14%
On October 9, a division bench of the Madhya Pradesh High Court, comprising Justices Anand Pathak and Vinay Saraf, ruled against the 2019 amendment that increased OBC reservation in the state from 14 per cent to 27 per cent.
The verdict followed hearings on more than 90 petitions challenging the enhanced quota. In its 159-page order, the court held that the material presented did not establish sufficient grounds to justify increasing the reservation beyond the existing level.
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The bench referred to the Supreme Court’s rulings on reservation limits and observed that exceptional circumstances had not been demonstrated to justify exceeding the 50 per cent overall ceiling.
The court emphasised that the dispute concerned the extent of reservation rather than whether OBC reservation should exist.
“This case is not about grant of reservation but the extent of reservation,” the court observed.
With the 27 per cent provision struck down, the OBC reservation applicable to state government services and higher education returns to 14 per cent.
Court Directs Recruitment Against Withheld Posts Within Three Months
One of the most significant parts of the judgment concerns vacancies that remained unresolved while the enhanced reservation policy was under judicial challenge.
Several recruitment processes had followed an 87:13 formula, under which results for 87 per cent of posts were declared while the remaining 13 per cent were kept on hold pending a decision on the quota dispute.
The High Court has now directed recruitment agencies, including the Madhya Pradesh Public Service Commission and the Madhya Pradesh Employees Selection Board, to complete appointments against these withheld posts within three months.
The court directed that the posts be filled by candidates from the unreserved category. The order is expected to provide greater clarity for applicants whose appointments have been delayed by the dispute.
Key Directions in the High Court Ruling
- OBC reservation: The quota in government recruitment and higher education stands at 14 per cent instead of 27 per cent.
- Withheld vacancies: Recruitment agencies must complete appointments against the 13 per cent of posts kept on hold within three months.
- Unreserved category: The withheld posts are to be filled by candidates from the unreserved category.
- Existing appointments: The court protected OBC appointments made under the enhanced quota between March 2019 and September 29, 2022. The posts concerned are to be adjusted or subsumed in the next three recruitment cycles.
Seven-Year Legal Dispute Reaches a Crucial Stage
The legal dispute began in 2019, when the state increased OBC reservation from 14 per cent to 27 per cent through an ordinance and subsequently amended the relevant state law.
The increase faced multiple legal challenges, leaving recruitment agencies to manage appointments amid uncertainty over the applicable reservation percentage. The dispute also led to the withholding of a portion of vacancies under the 87:13 formula.
The High Court’s October 9 ruling has now clarified the position at the state level, but the government’s proposed Supreme Court challenge means the issue could face further judicial scrutiny.
For job aspirants, the immediate focus will be on how recruitment agencies implement the High Court’s directions and complete appointments within the prescribed period. The wider question of whether the state can legally restore the 27 per cent OBC quota will depend on the further proceedings and any orders passed by the Supreme Court.
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