The Ban on 27 Percent Reservation Remains Intact

• 24 Jun 2022

Why in News?

• On June 23, 2022, the Madhya Pradesh High Court refused to amend the order of interim stay on giving 27 percent reservation to OBC category in PSC (Public Service Commission).

Key Points

• All the petitions filed regarding OBC reservation were heard by a double bench of Justice Sheel Nagu and Justice A.K. Sharma.
• It may be recalled that more than 60 petitions were filed on behalf of Ashita Dubey and others against the state government's 27 percent OBC reservation and in Favour. The High Court had stayed the grant of 27 percent OBC reservation on several pending petitions.
• An application was filed by the government to withdraw the stay order. The High Court had on September 1, 2021, refused to withdraw the stay order and issued directions for final hearing to the respective petitions.
• The General Administration Department of the State Government had issued orders for appointment of medical officers through PG NEET 2019-20, PSC on the basis of the opinion given by the Advocate General on August 25 , 2021 and 27 per cent reservation to OBC category in other departments except teacher recruitment. A petition was also filed in the High Court against the said order.
• The petitions against reservation had said that the Constitution Bench of the Supreme Court had given clear orders in the matter of Indira Sawhney in 1993 and Maratha reservation in 2021 that the limit of reservation should not exceed 50 percent. With the OBC reservation of 27 percent in the state, the limit of reservation will go up to 63 percent.
• During the hearing of the petition, the reply filed by the government had said that as per the 2011 census, the number of OBC category in the state is about 51 percent. During the hearing, the bench was requested to modify the interim stay order issued regarding 27 percent reservation for OBC category in PSC. The bench passed the said orders rejecting the request.