The Madhya Pradesh High Court, on August 5 2024, declared the 27% OBC reservation increase unconstitutional, reinstating the 14% ceiling for public service recruitment. Justices Anand Pathak and Vinay Saraf ruled that the state failed to prove any extraordinary circumstances that would justify breaching the 50% reservation cap, citing the Supreme Court’s Indra Sawhney and Patil decisions.
The 2019 ordinance—backed by a 2021 statutory amendment—was championed by the Kamal Nath Congress regime and later defended by BJP leaders Mohan Yadav and Shivraj Singh Chouhan. Despite the Chief Minister’s OBC background, the court found the legislation was drafted in “undue haste” and without consultation of the National Commission for Backward Classes.
Under a September 29 2022 General Administration Department order, 87% of posts had been filled, leaving 13% pending. The High Court directed the Madhya Pradesh Public Service Commission, the Employees Selection Board, and all recruitment agencies to appoint candidates from the unreserved lists within three months, effectively nullifying the 13% OBC quota that had been held in abeyance.
The decision protects 1,200 OBC appointments made between March 2019 and September 2022; those officials will retain their positions. However, any new appointments beyond the 14% threshold are barred, prompting a wave of protests from the OBC Mahasabha. Lokendra Gurjar, a petitioner, announced plans to challenge the verdict in the Supreme Court and launch a statewide agitation.
Rahul Gandhi’s recent letter to Chief Minister Yadav, urging implementation of the 27% quota, now clashes with the court’s ruling. The next procedural step is the Supreme Court hearing, scheduled for September 15 2024, where the state will argue the constitutional validity of the 27% quota and the OBC body will seek a stay on the High Court’s order.