The principal bench of Madhya Pradesh High Court has ordered to restrain the state Public Service Commission (PSC) from giving a 27 per cent reservation quota to the Other Backward Class (OBC) in the civil services exams. The court has also issued notices to the commission and general administration department (GAD) in response to a petition challenging MPPSC's decision to give 27 per cent reservation to OBCs while deciding the results of the civil services main examination 2019.
Petitioner Niharika Tiwari, a resident of Betul district in the state, is a candidate in the same exam, whose results were declared on December 31, 2021. In declaring the list of candidates eligible for interview, MPPSC had given 27 per cent reservation to OBCs as per a notification issued by the GAD on August 14, 2021. The petitioner contended that, if 27 cent OBC quota is given, it raises the total reservation in MP (SCs and STs included) to 63 per cent, which is in violation of the law.
Advocate Aditya Sanghi appearing for the petitioner said that a Constitution bench of the Supreme Court in its landmark judgment in the Indra Sawheny case had capped caste-based reservation at a maximum 50 per cent, which is breached if OBC quota is hiked to 27 cent. On the basis of the Constitution bench order, the SC recently struck down reservation given to the Maratha community, he said.
Sanghi also pointed out that there are several petitions pending in court against the 27 per cent OBC quota enacted in MP and the court has stayed the Act, but MPPSC has declared the 2019 main exam results with 27 per cent OBC reservation.
Following preliminary hearing in the case, the bench of Chief Justice RV Malimath and Justice MS Bhatti in its interim order restrained MPPSC from giving 27 per cent reservation and issued notices to MPPSC and general administration department, the respondents in the case. The next hearing is on February 21.
