HC dismisses pleas against 27% OBC quota in MP: ‘Challenged executive order, not amendment’

There are multiple petitions still pending before the High Court, both for and against the increase in OBC reservation, and the court is yet to decide on these.

The High Court bench of Justice Suresh Kumar Kait and Justice Vivek Jain noted: “The present petitioner/political party has not challenged the amendment carried out by the Legislation in the M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liya Arakshan) Sanshodhan Adhiniyam, 2019, whereby reservation for OBC has been enhanced to 27% but has only challenged the consequential administrative order/executive instructions dated 02.09.2021.”

A similar ruling was made in another petition, where the petitioner challenged the September 2, 2021, executive instruction without questioning the legislative amendment that raised the OBC reservation percentage.

The court reiterated: “Since, in the present petition, there is no challenge to the amendment Act but only to the consequential executive instruction, the present petition is not maintainable, it is hereby dismissed.”

Former chief minister Kamal Nath saw this as a “victory for Congress policies”, recalling that in March 2019, during his tenure, his government had implemented the 27% reservation for the OBC community in Madhya Pradesh.

He said the High Court’s decision reaffirmed the “correctness of his government’s move” and urged the current administration to “immediately enforce the 27% OBC reservation at all levels”.

Advocate Rohan Harne, who appeared for one of the petitioners, said: “There are many petitions still pending before the court. We had challenged the administrative order.”

Sports, and Youth Welfare Minister Vishwas Kailash Sarang said “court order referenced in Kamal Nath’s tweet pertains only to the rejection of a circular, not the core issue of 27% OBC reservation, which remains under judicial review.”

“Chief Minister Mohan Yadav, is committed to granting 27% reservation to OBCs and is presenting its case with full determination in court to safeguard OBC interests,” he said.