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MP High Court’s major decision on OBC Reservation; 27% reservation, 87:13 formula canceled

On 28 January 2025, the Madhya Pradesh High Court dismissed the petition of the Youth for Equality Institution, giving a major verdict in an important case related to OBC reservation. With this decision, the path of appointments to the posts placed on hold has been cleared. Now 27 percent posts will be recruited.

By Neeraj Pandey

Publish date: Tue, 28 jan 2025 04:32:35 pm (IST)

Updated date: Tue, 28 Jan 2025 10:10:37 pm (IST)

After this decision of the High Court, the state government will now be able to complete the rapid appointment process on these posts.

Highlights

  1. MP High Court dismissed a petition related to 27% OBC reservation.
  2. Paving the way for appointments to 13 percent posts placed on hold.
  3. Recruitment was getting 87% and 13% formulas due to the case.

New Duniya Representative, Jabalpur: The High Court on Tuesday canceled the PIL through which the state government’s decision to give 27 percent reservation to the Other Backward Classes (OBCs) was challenged. The High Court starred the 87:13 formula in 2023 through an important interim order on this PIL filed in 2021.

Here 87 means 87 percent of the total reservation prescribed for Other Backward Classes, Scheduled Castes, Scheduled Tribes and General Classes. Whereas 13 referred to holding the post in the context of the remaining 13 percent after the benefit of 14 out of 27 for OBC.

87: 13 formula canceled

However, now that the High Court has canceled the Public Interest Litigation giving the formula of 87: 13, so the way has been cleared not only for 27 percent OBC reservation but also to unload 13 percent in the recruitment. Overall, the long -standing dispute over OBC reservation has also been interrupted.

On the basis of the opinion given by the then Advocate General of Madhya Pradesh on August 26, 2021, the General Administration Department issued a circular on September 2, 2021 and allowed the benefit of 27 percent reservation to the OBC class.

Recruitment stuck on these

In this circular, except for three subjects, 27 percent reservation was projected in the remaining. These included NEET PG Entrance Exam 2019-20, PSC’s Medical Officer Recruitment -2020 and High School Teacher Recruitment.

On August 4, 2023, the High Court had stayed the said circular of the General Administration Department under the interim order. This means that OBC would be given 14 percent reservation in all appointments.

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PIL canceled, so the restriction ends

Regarding the cancellation of PIL of Youth for Equality by the High Court, the juristers say that since the PIL in which the OBC was banned from giving 27 percent reservation, now that it has been canceled, now the restrictions are also self Is finished.

These interpreters include senior advocates Rameshwar Singh Thakur and Vinayak Prasad Shah, who authorized OBC’s favor by the Governor.

The percentage of reservation crossed 50 due to circular

It was argued by the Youth for Equality Association of Public Interest Petitioner Sagar that the Supreme Court has provided clear arrangements in other judges including Indira Sahni and Maratha Reservation that in any case the total reservation should not exceed 50 percent. Therefore, due to the said circular of the General Administration Department, reservation in the state has exceeded 50 percent.

Cases are pending in Supreme Court

It is noteworthy that the petitioner named Atishi Dubey challenged the OBC reservation for the first time in the medical case. On March 19, 2019, the High Court stayed 13 percent reservation for OBCs. Under this interim order, several other appointments were also banned later.

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This petition was transferred from the High Court to the Supreme Court on two September, 2024. Apart from this, the state government has transferred about 70 petitions related to OBC reservation to the Supreme Court, which has not yet been decided.

Millions of candidates who were recruited were on hold due to the court order.

OBC Special Advocate Vinayak Prasad Shah informed that 27 percent OBC reservation was challenged in the PIL filed by Youth for Equality. The petitioners argued that this reservation violates the prohibitions of the Constitution and affects the right to equality.

But the High Court, bypassing this argument, revoked the PIL. In Tuesday’s order, the High Court canceled the order of August 4, 2023 and clarified that there is no obstacle to OBC reservation.

Paving the way to resume all recruitments

After this decision of the court, the way has been cleared to resume all the recruitment stopped in the state. This order will provide relief to millions of candidates whose recruitments were on hold due to the court order.

On August 4, 2023, the High Court directed the state government to implement the formula of 87: 13 under an interim order. After this order, all the recruitments of the state were stalled.

The government had prepared this formula on the basis of the observer of the Advocate General, under which 87 percent of the seats were kept for unreserved and 13 percent seats for OBCs. Due to this, there was anger among the candidates seeking 27 percent OBC reservation.

Disputes related to reservation will end

Due to the opinion of the then Advocate General of Madhya Pradesh, on August 4, 2023, the High Court implemented a formula of 87: 13 in all the recruitments. This order of the High Court is an important step to abolish the dispute related to reservation in the state and start the recruitment process smoothly.

This will give the government the clarity of working under the reservation policy and will promote transparency and fairness in the recruitment process. With this, the way has been cleared to unload all the recruitment stopped in the state.

The government can now carry out the recruitment rapidly by implementing 27 percent reservation under OBC reservation. This will give great benefit to the candidates of OBC class, who had been struggling for their rights for a long time.

-Rameshwar Singh Thakur, Special Advocate of OBC

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Sonu Kumar
Sonu Kumarhttp://newstiger.in
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