In accordance with the amended Public Service (Reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Act effective March 8, 2019, the Madhya Pradesh government issued an order on Thursday extending the benefit of enhanced reservation for Other Backward Classes from 14 percent to 27 percent.
Madhya Pradesh Urban Development and Housing Minister Bhupendra Singh said, “Shivraj Singh Chouhan-led Madhya Pradesh government has cleared 27 percent (from 14 percent) reservation for Other Backward Classes (OBC) for all departments, excluding the three departments which were put on stay. It’s a historic decision.”
An order issued by the Madhya Pradesh Government’s General Administration Department on the clarification regarding stay orders granted by the High Court in the cases relating to OBC reservation, the order read, “There are various writ petitions pending before the Hon’ble High Court of Madhya Pradesh, Principal Seat at Jabalpur, where the provisions of the M.P. Lok Seva Sanshodhan Adhiniyam, 2019 are under challenge, whereby the reservation for the OBC class has been increased from 14 percent to 27 percent.”
It further stated that there are other sets of cases also where 10 percent reservation is provided to economically weaker section is also under challenge. Apart from these two important sets of cases, there are few other cases, details thereof is not necessary at present for the purpose of this clarification.
“Earlier this office through the Additional Advocate General had given the opinion on 18.08.2020 to National Health Mission, whereby it was advised under the special circumstances prevalent at that point of time due to spread of COVID 19 situation that, the appointments on the posts related to some contractual appointment in NRHM Department can be made confining the OBC reservation to the tune of 14 percent. However, it was made clear that the merit positions for the entire 27 percent should be maintained and the remaining 13 percent will depend upon the final outcome of the case,” read the order.
The order said, “The provisions of the Amended Act of 2019, whereby the reservation to the extent of 27 percent has been prescribed, the operation of such provisions has not stayed specifically anywhere in any of the writ petitions.”
The government order stated that the interim orders where passed are applicable to the examination/subject matter in question which is impugned in the respective petitions.
“Therefore, the State Government is free to proceed with the implementation of the provisions of the Act of 1994 as amended on August 14, 2019, to the extent of 27 percent except the examinations/recruitments where as stated above the specific orders are applicable passed by the High Court. In the rest of the recruitment/selection, the State is free to proceed as per the amended provisions of law,” said the order.
“It is further clarified that, except the subject matter of W.P. No. 5901/2019 which only relates to admission in PG, there is also no other stay in admission to be made by any other education department. Therefore, the State is free to proceed as per the reservation policy as applicable as of date. The matter is fixed for hearing on 01.09.2021.” it added.
