INDORE: Indore bench of MP high court has directed state government to not provide more than 14% reservation for Other Backward Category in police recruitment 2020-2021.
The bench of Justice SA Dharmadhikari and Justice Prakash Chandra Gupta directed, “…It is directed that the respondents shall not provide reservation of more than 14% for OBC Category in the police recruitment 2020-2021 on the strength of the act, which is subject matter of this petition.”
The directions were passed on a petition of Rahul Sharma, a student filed through his counsel Hitesh Biherani challenging Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Sanshodhan Adhiniyam, 2019.
In the act of 2019, the reservation to the OBC category has been increased from 14% to 27%, apart from 16% reservation to Scheduled Castes and 20% to Scheduled Tribes already prescribed under the law.
As a result of this, the statutorily prescribed reservation has gone up to 63% which is more than 50% and is constitutionally impermissible, submitted Biherani. Biherani further submitted that the said act was challenged before the principal bench in multiple petitions related to admissions, recruitment, and others.
The principal bench in similar matters had given interim protection in relation to OBC reservation, submitted Biherani.
The court directed to issue notices to respondents for filling their response within four weeks and noted, “In similar writ petition, the Principal Seat, vide order dated 19.03.2019, had granted interim protection to the petitioner therein.”
The petitioner made the state of Madhya Pradesh through Chief Secretary, department of home through Principal Secretary and Professional Examination Board through its chairman respondents in the petition.
The bench of Justice SA Dharmadhikari and Justice Prakash Chandra Gupta directed, “…It is directed that the respondents shall not provide reservation of more than 14% for OBC Category in the police recruitment 2020-2021 on the strength of the act, which is subject matter of this petition.”
The directions were passed on a petition of Rahul Sharma, a student filed through his counsel Hitesh Biherani challenging Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Sanshodhan Adhiniyam, 2019.
In the act of 2019, the reservation to the OBC category has been increased from 14% to 27%, apart from 16% reservation to Scheduled Castes and 20% to Scheduled Tribes already prescribed under the law.
As a result of this, the statutorily prescribed reservation has gone up to 63% which is more than 50% and is constitutionally impermissible, submitted Biherani. Biherani further submitted that the said act was challenged before the principal bench in multiple petitions related to admissions, recruitment, and others.
The principal bench in similar matters had given interim protection in relation to OBC reservation, submitted Biherani.
The court directed to issue notices to respondents for filling their response within four weeks and noted, “In similar writ petition, the Principal Seat, vide order dated 19.03.2019, had granted interim protection to the petitioner therein.”
The petitioner made the state of Madhya Pradesh through Chief Secretary, department of home through Principal Secretary and Professional Examination Board through its chairman respondents in the petition.
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