The Madhya Pradesh High Court has struck down the Madhya Pradesh Public Services (Reservation) Amendment Act, 2019, which increased reservation for Other Backward Classes (OBCs) from 14% to 27% and provided 10% reservation for Economically Weaker Sections (EWS). The division bench of Justice Anand Pathak and Justice Vinay Saraf examined data on education and public employment before reaching its decision.
The judgment arose from several batches of writ petitions challenging the 2019 ordinance and the subsequent amendment. The petitioners included general-category MBBS students preparing for the 2019 NEET-PG examination. They argued that the increase in OBC reservation was introduced while counselling was underway, affecting the admission process.
The central question before the court was whether the enhanced reservation was constitutionally justified in light of the available evidence on representation and social conditions.
The bench examined higher education enrolment figures, public employment data and studies concerning the social, educational and economic status of OBCs in Madhya Pradesh. It noted that OBC students accounted for 33.87% of higher education enrolment in 2023. The court also considered evidence indicating that OBC candidates secured seats through both reserved quotas and open competition.
Explaining the constitutional limits on reservation, the bench observed:
"What is in issue is the extent of reservation. If the extent of reservation is excessive, then it makes an inroad into the principle of equality under Article 16(1). Extent of reservation, as stated above, will depend on the facts of each case."
The court emphasised that reservation in public employment must be assessed against constitutional requirements, including backwardness and inadequacy of representation. It found that the material before it indicated adequate OBC representation and questioned the constitutional validity of the enhanced quota.
Allowing the petitions challenging the amendment, the High Court declared the Madhya Pradesh Public Services (Reservation) Amendment Act, 2019, invalid. It also directed that the remaining petitions seeking additional OBC, EWS and horizontal reservation be treated as dismissed in view of the ruling.
Case Title : Ashita Dubey v State of MP
Case Number : WP 5910 of 2019
