Bhopal: Riding on the state advocate-general's opinion, the BJP government, on Thursday, instructed all its departments to initiate the examination/recruitment process with 27% reservation to the Other Backward Classes (OBCs).
The order-issued to all the departments, commissioners, collectors and chief executive officers (CEOs) of zilla panchayats-states that it will not apply to those examinations/recruitments which have been challenged in several petitions filed in the high court.
"The advocate-general submitted his opinion in the high court on August 25, 2021, in respect of petitions on the reservation… There is categorical opinion regarding initiating proceedings for 27% reservations to OBCs, except the cases mentioned in Paragraph 5 of the legal opinion," states the government order issued on Thursday.
Hence, says the order, "It is expected of all departments to initiate proceedings for examinations/ recruitments in view of the advocate-general's legal opinion."
Giving the background of the enhanced reservation, the order states that, according to the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon ke Liye Arakshan) Sanshodhan Adhiniyam, 2019, reservation for OBCs in direct recruitment in public services and posts was enhanced from 14% to 27% which is effective from March 8, 2019. Petitions were filed in the high court in respect of the provisions of the reservation.
Paragraph 5 of the advocate-general's opinion attached with the government's Thursday order mentions the position of the high court's interim orders in respect with writ petition (WP) No. 5901/2019 challenging 27% reservation in post-graduate course 2019-20, WP No.s 8923/2020, 8930/2020, 9328/2020 and 3757/2020 related to reservation in Teachers' Eligibility Test conducted by the Professional Examination Board (PEB) and WP No. 25181/2019 related to reservation in the recruitments being conducted by the Public Service Commission.
Advocate-general (A-G) Purushaindra Kaurav has said in his opinion, "The provisions of the Amended Act of 2019, whereby reservation to the extent of 27% has been prescribed, the operation of such provisions has not been stayed specifically anywhere in any of the writ petitions. The interim orders where passed are applicable to the examination/ subject matter in question which are impugned in the respective petitions."
Therefore, the A-G says, "The state government is free to proceed with the implementation of the provisions of the Act of 1994 as amended on August 14, 2019, to the extent of 27% except the examinations / recruitments where as stated above the specific orders are applicable passed by the high court. In the rest of the recruitment/ selection, the state is free to proceed as per the amended provisions of law."
The A-G further states, "It is further clarified that, except the subject matter of WP No. 5901/2019 which only relates to admission in P-G, there is also no other stay in admission to be made by any other education department. Therefore, the state is free to proceed as per the reservation policy as applicable as on date."
