Madhya Pradesh High Court stayed the results of MP State Service 2019 Mains examination, which gave a 27 per cent quota to OBCs. The High Court bench of Chief Justice Ravi Malimath and Justice Maninder Singh Bhatti asked the state government ‘to ensure that reservation for OBC category shall not be more than 14 per cent’ while declaring fresh results.
The HC gave the order while hearing a petition filed by a candidate Niharika Tripathi. The court referred to its interim order of March 19, 2019, staying implementation of 27 per cent quota in the medical (NEET) PG admissions of 2019-20, and said that the petitioner in the current matter was entitled to similar relief, to come out with the latest order on Wednesday.
The MP Public Service Commission (MPPSC) had declared the State Service 2019 mains exam results on December 31, 2021, with 27 per cent quota to OBC candidates, despite the fact that a clutch of petitions for and against the enhanced quota are pending in the High Court.
The MPPSC, however, based its results on a September 2, 2021 notification of the state government that had urged various departments to implement the 27 per cent quota for OBCs in all cases except those (three) cases where the High Court had issued an interim stay order. However, this move did not seem to fructify, with the HC again staying the decision of the government.
The move of the BJP government to issue an order implementing 27 per cent quota to OBCs in jobs was fallout of intense political pressure over the issue from opposition Congress and OBC organisations.
It was the Congress government that, in March 2019, brought about the amendment to the SC/ST/OBC Reservation Act of 1994 to enhance reservation for the OBCs from 14 to 27 per cent. However, since the matter got legally embroiled, its implementation was stalled.
The BJP government that came into power again in March 2020, failed to take any serious steps to get the matter legally cleared till it assumed political importance around August last year. Under pressure, the BJP government found a way out.
In August last week, the then advocate general conveyed his opinion to the state government that, except for the cases in which the High Court had issued stay or interim orders, the government was at liberty to implement 27 per cent reservation in all other recruitment and admission processes.
The stay and interim orders of the High Court referred to were on petitions related to medical PG admissions through NEET 2019-20; medical officers’ recruitment by MP Public Service Commission (MPPSC) and school teachers’ appointment, the advocate general had clarified. Based on this opinion of the AG, the state government had come out with the notification for enhanced quota as mentioned above.
Yet, practically, the state government has failed to implement the enhanced quota due to legal issues.
