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Madhya Pradesh HC upholds interim stay on OBC reservation beyond 14 percent in jobs

The Madhya Pradesh High Court has upheld an interim stay on OBC reservation above 14 per cent. On the other hand, by filing an application on behalf of the state government, permission has been sought for appointment in the undisputed quota in the National Rural Health Mission.

The Division Bench of Chief Justice (Acting) Sanjay Yadav and Justice Vijay Kumar Shukla have sought a reply from the petitioner on the state government’s application. The next hearing of the case has been scheduled for January 4.

The petitions filed by Asita Dubey and others from Jabalpur stated that the state government has increased the OBC reservation from 14 percent to 27 percent. The petition said that the Supreme Court has made it clear in the judgment of Indira Sawhney that reservation should not exceed 50 percent. The reservation limit has been increased to 50 percent with the OBC reservation being increased from 14 percent to 27 percent.

At the same time, the OBC Advocates Welfare Association has filed a petition and supported 27 percent OBC reservation. In the reply submitted by the state government, it has been said that OBC population in the state is more than 50 percent. Therefore, OBC reservation has been increased from 14 percent to 27 percent.

Advocate General Purushendra Kaurava, on behalf of the state government, argued that due to the interim ban on OBC reservation, the process of appointment across the state has come to a standstill. He requested the High Court to abolish the interim stay. Permission was sought from the state government to file an application in NRHM in undisputed quota.

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At present, 13.66 percent OBC employees and officers are working in the total sanctioned posts of the state government.

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