The Supreme Court has sent back a batch of petitions that challenge Madhya Pradesh’s decision to raise OBC reservation in public services to 27%. The Court asked the Madhya Pradesh High Court to decide the challenge quickly.
The petitions question the 2019 law that increased OBC reservation from 14% to 27%. In Madhya Pradesh, SC reservation stands at 16% and ST reservation at 20%. If the State applies the enhanced OBC quota, total reservation would cross the 50% ceiling. With the 10% EWS quota, the total could go up to 73%.
A Bench of Justice P.S. Narasimha and Justice Alok Aradhe said the Madhya Pradesh High Court is better placed to assess both the need and the legality of the policy. The Supreme Court also requested the Chief Justice of the High Court to form a special Bench and dispose of the matters within three months, given the long pendency.
Why the Supreme Court Sent the Case Back
The Bench said it should not examine the issues under Article 32 without a prior finding from the State High Court. The Court emphasised that reservation demands and social conditions differ from State to State. Because of that, the High Court of the concerned State should test the validity and vires of the policy first.
Background: MP Reservation Law and the 50% Cap
Madhya Pradesh enacted the MP Lok Seva (Reservation) Act, 1994 to provide reservations in public employment. The law followed Indra Sawhney v. Union of India (1992), which fixed a 50% upper limit on reservations.
Under the 1994 framework, MP provided:
- OBC: 14%
- SC: 16%
- ST: 20%
After the State reorganisation in 2000, these percentages continued in Madhya Pradesh.
What Happened in 2019–2022 in the MP High Court
In 2019, amid demands to raise OBC reservation to 27%, the State issued an ordinance to increase the quota. Petitioners challenged it in the Madhya Pradesh High Court. The High Court stayed the ordinance.
Later, the State replaced the ordinance with an Act. Petitioners filed fresh challenges, and the High Court stayed the Act as well.
Despite the stay, the State issued several recruitment advertisements applying the 27% OBC quota. This triggered more litigation. In one case, the High Court on May 4, 2022 restrained the State from granting OBC reservation beyond 14%.
State’s Stand and the Supreme Court’s Response
The State told the Supreme Court that uncertainty had slowed administration and affected manpower. It also said it prepared two recruitment lists to manage both possible outcomes.
The State relied on the Chhattisgarh experience and sought similar interim relief. The Supreme Court declined. It said Chhattisgarh’s position cannot act as the sole guide for Madhya Pradesh. The Court repeated that each State’s social fabric differs, so courts must evaluate affirmative action in that State’s context.
Case Details: YOGESH KUMAR THAKUR v. GURU GHASIDAS SAHITYA AVAM SANSKRITI ACADEMY AND ORS
