Bhopal (Madhya Pradesh): High Court, principal bench in Jabalpur, has clarified that 10 per cent EWS reservation will be available only in unreserved category (UR) and not on the total seats.
Justice Vivek Agrawal, who passed the order, observed that Article 16(6) of Constitution leaves no iota of doubt that reservation for economically weaker section excludes SC, ST and OBC category. Thus, it is evident that EWS reservation is available only for general category and is not extendable to OBC, SC or ST.
Thus, when examined from this perspective, then total posts available under the unreserved category in the cadre of Laboratory Technician is 34, then earmarking 4 posts under the EWS category cannot be said to be arbitrary, because there could not have been 10% reservation of total number of posts of 219 out of which 122 are for the OBC, 46 for ST and 13 for SC category.
In view of such facts, since earmarking of 4 posts under the EWS category is in consonance with the constitutional provision, petition is devoid of merit and is hereby dismissed.
Petitions were filed stating that they were candidates for appointment to the post of Laboratory Technician.
Professional Examination Board had issued an advertisement for 219 posts of Laboratory Technician. Had around 10% quota for EWS category been applied, then 22 posts should have been earmarked for EWS category but, respondents have earmarked only 4 posts under EWS category, as a result of which, petitioners despite of merit, could not get selected on the post of Laboratory Technician under the EWS category.
Advocate Rameshwar Thakur, who appeared on behalf of petitioners, said, “It is land mark judgment of HC which has advocated 10 per cent reservation of EWS only in unreserved category and not in total seats.”
