Striking down 27% quota, Madhya Pradesh High Court cites OBC chief ministers, quotes Rousseau

The Madhya Pradesh High Court recently ruled against a 2019 law that expanded the quota for Other Backward Classes (OBCs) from 14% to 27%. The court found that the state had not proven the exceptional circumstances needed to waive the Supreme Court's 50% reservation cap. The Congress-led government introduced the law to appeal to the OBC community, which makes up 50% of the population.

Following the BJP's rise to power in 2020, they approved the bill but challenges to it reached the High Court. A division bench consisting of Justices Anand Pathak and Vinay Saraf noted that the existing data indicated OBCs were adequately represented in the state. They emphasized that the case was not about granting reservation, but about the extent of reservation.

The court stated that OBCs were already entitled to 14% reservation, and there was no strong case for raising it to 27%. The bench pointed out that OBCs held a significant presence in various fields, including politics, education, and government employment. They mentioned that OBCs constituted 33.87% of higher education enrolment, 28.16% of government positions, and had attained graduate degrees or higher at a rate of 23.91%, which was higher than the state and national averages.

Despite these statistics, the court directed that OBC candidates appointed between March 2019 and September 29, 2022, would retain their positions, with future appointments made up to 87% from the OBC category and the remaining 13% from the unreserved category.