Madhya Pradesh High Court strikes down 27% OBC quota, says it will stay at 14%

The bench cited data showing OBCs accounted for 33.87% of higher education enrolment and 28.16% of government jobs, exceeding their 14% quota.

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.

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. (Unsplash/ Representational)

A division bench of justices Anand Pathak and Vinay Saraf delivered the judgment on 94 petitions, ruling that OBC reservation in public services and higher education would remain at 14%, as the state had failed to establish exceptional circumstances warranting an increase.

Does not meet statutory requirements for revision

“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.

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 bench cited data showing OBCs accounted for 33.87% of higher education enrolment and 28.16% of government jobs, exceeding their 14% quota.

It also noted that OBC enrolment had risen 163%, accounting for 39% of students, according to AISHE 2021-22 data.

Raised doubts over reservation

The court directed recruitment agencies, including the Madhya Pradesh Public Service Commission and Employees Selection Board, to implement its order within three months. 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.

OBC appointments exceeding 14% made after the cut-off date were declared null and void.

The then Kamal Nath-led Congress government raised the quota in 2019. The matter was later remitted by the Supreme Court to the high court for a decision on connected petitions. Arguments concluded on August 5, and the judgment was pronounced on October 9.

Congress leader JP Dhanopia blamed the state government, alleging it had failed to present the facts effectively. “The government failed to robustly present the correct facts before the court,” he said.

However, chief minister Mohan Yadav said, “It has been proved that the notification of 27% reservation implemented through an ordinance by the then Congress Government was weak and faulty. This ordinance was brought in great haste by the then Congress Government. In this regard, even the National Commission for Backward Classes was not consulted.”

The CM added that the decision of the Court has raised doubts over the intention of the Congress Government to give 27% reservation.