Madhya Pradesh govt directs hiring as per 27% OBC quota
The Madhya Pradesh government on Thursday directed the implementation of an enhanced 27% Other Backward Classes (OBC) quota for recruitments in all departments, except for school education, health, and medical education. Its General Administration Department (GAD) issued an order in this regard a day after the high court refused to vacate a stay on the hiring of 29,000 teachers for which the quota was applied. The court is likely to pronounce its verdict on petitions challenging the enhanced quota on September 20.
The GAD issued the order after seeking advocate general Purushendra Kaurav’s opinion. Kaurav pointed out the high court had not stayed the increase of the quota to 27% from 14% through an ordinance in March 2019.
“Some petitions have been filed in the court to challenge it (the ordinance) but advocate general, who gave a legal opinion in the court on August 25, clearly said that barring three departments, the increased reservation can be implemented in all the direct recruitments and examinations,” said the GAD order.
State minister Bhupendra Singh said the high court only stayed the admission to post-graduate courses in medical colleges, the appointment of medical officers and teachers as per the increased quota. “There is no stay on the ordinance...” Singh called the government’s order for recruitments a historic decision.
Lawyer Rameshwar Singh Thakur, who represents petitioners who have challenged the stay on implementation of reservation in the teachers’ recruitment, said he has maintained the state government was misinterpreting the court’s order.
Aditya Sanghi, another lawyer, said the implementation of the enhanced quota will mean the reservation crosses the 50% cap which is not allowed as per a Supreme Court order. “It is very evident that if the court has stayed appointment and admission as per increased reservation, it means it is a stay on all exams and recruitment. As of now, 70 petitions have been filed to challenge this order.”
Congress leader JP Dhanopia said the Bharatiya Janata Party (BJP) government cheated OBC by not implementing the increased reservation. “After Congress leaders mounted pressure on the government and roped in two Supreme Court lawyers... they realised their mistake and rectified it. They should also apologise.”
BJP leader Rajneesh Agrawal blamed Congress for misinterpreting the court’s order. “In 2019, it was then Congress-led government which misguided the people on the court stay. After taking legal opinion, the state government implemented it.”