Supreme Court seeks MP govt response on plea challenging HC order to rise OBC quota [10.10.2023]

The Supreme Court on Tuesday sought response from Madhya Pradesh Government and others to a petition challenging MP High Court interim order extending stay on state's decision to increase the reservation of OBC from 14% to 27%.

The matter was being heard by a bench of justices S Ravindra Bhat and Aravind Kumar.

The court was hearing a petition filed by politician Jaya Thakur through his counsel Varinder Kumar Sharma and Varun Thakur.

The petitioner has challenged the MP High Court order dated April 10 2023 by which the HC again adjourned the matter with a direction that interim order relief shall continue.

HC interim order came while hearing a writ petition filed by the General Category candidate before the High Court, who was a final year MBBS student, and thereafter they appeared for the NEET (PG) Examination 2019 challenged the ordinance dated March 8 2019 issued by the State of M.P. in which State of M.P. increased the reservation of OBC from 14% to 27%.

"In the meantime, the State of MP amended the Act in pursuance of the said ordinance. Thereafter in all the vacancies in the M.P. no reservation has been given to the OBC upto 27% and many vacancies are also held by the State of M.P. due to the pendency of the above-mentioned writ petition. It is an admitted position that there are 1.21,000 schools in the State of M.P. in which 93,00,000 students are studying and that 70,000 Teachers' posts are vacant, despite of the facts that the Right to Education is the fundamental right under article 21-A of the Constitution of India MPPSC has also not selected the candidates due to the pendency of the above said writ petition," the petitioner said.

"All the other selection processes are at a standstill due to the pendency of the above said Writ Petition. In the admission process, OBC students are not getting the benefit as per the Amended Act passed by the MP Vidhan Sabha," the petitioner said.

The petitioner submitted that the selection process of Teachers has been completed but no appointment letter are given by the State due to the pendency of the writ petition in the High Court. It is further submitted that in every department of the State of MP as well as government Institutions, the selection process is at a standstill. All appointments are derailed due to the pendency of the writ petition.

Due to this, all the selected candidates were forced to move to the High Court and filed a number of Writ petitions and intervention applications. State machinery is clipped due to lack of staff and not working in full strength due to the above-mentioned impugned stay order dated 19.03.2019. The said order is also continuously in operation from time to time by the High Court. The said order is passed without applying the judicial mind, the petitioner said.

"Therefore, restraining the OBC reservation upto 14% only is against the article 14, 15, 16.19 and 21 of the Constitution of India. It is further submitted that despite direction of this Court for early hearing/decide the said Writ Petition, High Court not decided the writ petition, thereafter State Govt filed the transfer petition before this Court which is pending after issue notice of this Court," the petitioner said.

10 Oct 2023