Madhya Pradesh High Court has stayed the 27% OBC reservation in the recruitment of teachers in the School Education Department. The High Court in its order has directed to give 14% OBC reservation.
A bench of High Court Chief Justice Ravi Vijay Kumar Malimath and Justice Vijay Kumar Shukla heard the matter. Earlier, the High Court had stayed the implementation of 27% OBC reservation in the state. Even after this, the state government has implemented 27% OBC reservation and 10% EWS reservation in the selection of higher secondary teacher posts. Against this, 11 others including Rajasthan resident petitioner Praval Pratap Singh had filed a contempt petition. It said that when the High Court has put a stay on the 27% OBC reservation, then how can the state government give reservation in the appointments of the school education department.
The petitioner had said that the General Administration Department had issued the circular citing the opinion of the Advocate General. It said that in addition to the cases in which the High Court has stayed, 27% OBC reservation can be implemented in other departments. Based on this circular, the Public Instruction Commissioner has issued the final selection list by applying 27% OBC reservation in the selection of the post of a higher secondary teacher.
During the hearing, the petitioner's lawyer Aditya Sanghi argued that in the Indira Sawhney case and the Maratha reservation-related case, the Supreme Court had clearly ordered that the total reservation should not exceed 50%. By implementing OBC reservation 27% and EWS reservation 10%, the total reservation will be 73%. So much caste-based reservation cannot be given.
A final hearing on OBC reservation on December 6
More than half a dozen petitions were filed in the High Court against the 27% OBC reservation of the state government. Hearing this, the High Court has stayed the OBC reservation. The state government had applied for removal of the stay, but that too was rejected by the High Court. Along with this, instructions were given for the final hearing. The final hearing on all the petitions related to this matter will now be held on December 6.
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