The Madhya Pradesh high court on Friday struck down the 2019 law raising reservation for Other Backward Classes (OBCs) from 14% to 27%, holding it unconstitutional and contrary to the 50% ceiling on quotas set by the Supreme Court .
It held that OBCs were adequately represented and did not qualify for a higher quota under the principles laid down in the Supreme Court’s Indra Sawhney and Jaishri Laxmanrao Patil judgments. The court directed recruitment agencies, including the Madhya Pradesh Public Service Commission and Employees Selection Board, to implement its order within three months. The matter was later remitted by the Supreme Court to the high court for a decision on connected petitions. Congress leader JP Dhanopia blamed the state government, alleging it had failed to present the facts effectively.
The court rejected the state’s reliance on the 1983 Mahajan Committee report and a 2023 report by Dr Bhimrao Ambedkar University of Social Science, noting that recommendations by the State Backward Commission lacked fresh data and that its composition did not meet statutory requirements for periodic revision. Appointments made up to September 29, 2022, under the amended law will stand. Appointments made thereafter will be valid only to the extent of 87%, with the remaining 13% posts to be filled from the unreserved list. The then Kamal Nath-led Congress government raised the quota in 2019. Arguments concluded on August 5, and the judgment was pronounced on October 9. The CM added that the decision of the Court has raised doubts over the intention of the Congress Government to give 27% reservation.
“MP Ordinance 2019 as well as the Amendment Act 2019, lacks preparedness and passed in undue haste,” the court said, citing drafting errors and inadequate preparation. “The government failed to robustly present the correct facts before the court,” he said.
