
Bhopal, Oct. 9 -- The Madhya Pradesh High Court on Friday struck down a 2019 legislation that had raised reservation for the OBCs in government jobs and educational institutions from 14 per cent to 27 per cent, declaring the measure unconstitutional.
The court said the enhanced quota was not supported by the circumstances and data before it.
A Division Bench of Justices Anand Pathak and Vinay Saraf delivered the ruling while deciding a large batch of petitions challenging the MP Public Services (Reservation) Amendment Act, which raised OBC reservation from 14 per cent to 27 per cent.
The bench held that the hike breached the 50 per cent upper limit on total reservations without any exceptional justification.
"This case is not about grant of reservation but extent of reservation," the bench observed, adding that OBCs were entitled to 14 per cent reservation, but the case did not justify raising it to 27 per cent.
The court held that data on higher education and public services showed adequate OBC representation under Article 16(4) of the Constitution, with no exceptional circumstances warranting a breach of the 50 per cent reservation ceiling upheld in Indra Sawhney and reiterated in Jaishri Laxmanrao Patil.
In a detailed 159-page judgment, the court ordered that the 13 per cent of posts kept vacant pending the outcome of the legal challenge must now be filled from the open category within three months.
Recruitment bodies including the Madhya Pradesh Public Service Commission and the Employees Selection Board have been directed to complete the process within the stipulated period.
The Bench found insufficient justification for the quota hike and noted flaws in the legislative process and drafting, observing that the measure appeared rushed.
Advocate General Prashant Singh said the Bench examined the data and supporting material, clarifying that the challenge concerned the increase in
OBC reservation from 14 per cent to 27 per cent, not the principle of reservation itself.
The court found no exceptional circumstances to justify breaching the 50 per cent ceiling.
The disputed law originated under the Kamal Nath-led Congress government.
An ordinance issued on 8 March 2019 raised the OBC quota; it was later enacted as legislation on 14 August the same year.
Petitions challenging the measure were filed in the High Court, reached the Supreme Court, and were ultimately remanded for a consolidated hearing. Arguments concluded on 5 August 2026, after which the bench reserved its verdict.
Reacting to the decision, Leader of Opposition Umang Singhar stated that despite spending crores on legal counsel, the government failed to deliver justice to the OBC community,
raising serious questions about its intentions regarding job reservations. He urged Chief Minister Mohan Yadav to review the situation and immediately challenge the HC's order in the Supreme Court.
Published by HT Digital Content Services with permission from Millennium Post.