MP HC nixes 27% OBC reservation, says case not made out for raise, Pg9

Key Highlights:

• The Madhya Pradesh High Court has struck down a 2019 state law that increased Other Backward Classes (OBC) reservation from 14% to 27% in public employment and higher education.
• The court ruled that the state failed to demonstrate "exceptional circumstances" required to breach the 50% reservation ceiling established by the Supreme Court in the Indra Sawhney case.
• The judgment found that OBCs were adequately represented in higher education and public employment in Madhya Pradesh.
• Appointments made under the enhanced quota between March 2019 and September 29, 2022, will be protected and adjusted against future recruitment drives.
• For appointments after September 29, 2022, recruitment will proceed on an 87% basis, with the remaining 13% filled from the unreserved category.

Detailed Insights:

• The 2019 law was enacted by the then Congress government and subsequently supported by the BJP government, but it faced legal challenges.
• The High Court's assessment relied on data from a 2023 study by Dr BR Ambedkar University of Social Sciences, All India Survey of Higher Education (AISHE), and government employment figures.
• The data indicated that OBCs accounted for 33.87% of higher education enrollment and 28.16% of government positions in the state.
• AISHE data for 2021-22 showed a 163% increase in OBC student enrollment over the survey period, and a 60.2% increase from 2014-15 to 2023-24.
• The court also noted the political dominance of OBCs in Madhya Pradesh, with four Chief Ministers in succession and over 25% of ministers and MLAs from the community.
• The ruling cited Supreme Court precedents, including Indra Sawhney v. Union of India (1992) and Jaishri Laxmanrao Patil, which mandate the 50% reservation ceiling.
• Had the 27% OBC quota been upheld, the total reservation in the state (including existing quotas for Scheduled Castes and Scheduled Tribes) would have exceeded 63%.
• Madhya Pradesh Chief Minister Mohan Yadav stated the government would study the judgment and pursue further legal proceedings.

Key Concepts Involved:

• Other Backward Classes (OBCs): A collective term used by the Government of India to classify communities that are socially and educationally backward.
• Reservation Policy: An affirmative action measure in India to ensure representation of historically disadvantaged groups in education and public employment.
• Indra Sawhney v. Union of India (1992): A landmark Supreme Court judgment that upheld the 27% reservation for OBCs but imposed a 50% reservation ceiling and introduced the "creamy layer" concept.
• 50% Reservation Ceiling: A judicial limit on the total percentage of reservations, generally allowing exceptions only in "extraordinary situations."
• Article 16(4): A constitutional provision that enables the state to make provisions for the reservation of appointments or posts in favor of any backward class of citizens that is not adequately represented in the services under the state.