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The Madhya Pradesh High Court has ruled that Other Backward Classes (OBCs) are entitled to 14 per cent reservation in state services, declining to uphold the increase to 27 per cent in the absence of extraordinary circumstances to justify exceeding the 50 per cent reservation ceiling.
In the long-standing OBC reservation case in the state, the High Court on Friday pronounced a detailed judgment examining the states decision to increase OBC reservation from 14 per cent to 27 per cent through Ordinance No. 2/2019, which came into effect in March, 2019. MP Ordinance No.2 of 2019 as well as the Amendment Act, 2019 prescribed a percentage of reservation from 14% to 27% in the domain of public services. However, on the basis of data available in Higher Education and Public Services, it appears that OBCs are adequately represented as per Article 16(4) of the Constitution of India. They are, very much, part of the mainstream, the order read. It added, 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. Therefore, the ceiling limit of 50%, as fixed by the Supreme Court of India, is to be adhered to. Thus, OBCs are entitled for reservation to the extent of 14%, not 27%, in Public Services and Higher Education. Additionally, the Court also protected appointments made under the 2019 Amendment Act until September 29, 2022, stating that the OBC candidates appointed against posts exceeding the 14 per cent quota, up to 27 per cent, during that period will not be removed. Their appointments would be adjusted in the next three recruitment drives. Appointments made in pursuance to Amendment Act, 2019, till 29.09.2022, when General Administration Department (State of Madhya Pradesh) clarified the position about interim relief shall be saved and OBC candidates, who are appointed in excess to 14% (to the extent of 27%) between this period i.e. March 2019 to 29.09.2022 shall continue in their jobs and shall not be removed. Their appointments are saved. These posts would be subsumed/adjusted in the next three recruitment drives, the court said. It further added, All appointments are made after 29.09.2022, to the extent of 87% only. For remaining 13% candidates, appointment shall be given from a list of unreserved category. In other words, those 13% posts shall be filled up by unreserved category candidates to make it 100% seats. The court directed all recruitment agencies, including the Madhya Pradesh Public Service Commission (MPPSC) and the Madhya Pradesh State Employees Selection Board, to complete the appointments against the remaining 13 per cent unreserved posts within three months. (ANI)
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