SC issues notice on plea seeking enforcement of 27% OBC law in MP
A bench of justices PS Narasimha and R Mahadevan, sitting during the partial court working days, passed the order seeking response of the Madhya Pradesh government on a petition filed by 18 people belonging to the OBC community, led by petitioner Nishchay Sonbirse.
The petition argued by advocate Varun Thakur pointed out that in 2019, the MP government brought amendment to the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994, increasing reservation benefits in jobs for OBCs from the existing 14% to 27%.
Thakur said that prior to enactment of the Act, the same law was introduced by way of an Ordinance that was challenged before the MP high court by a final-year MBBS student. On her plea, an interim order was passed on March 19, 2019 directing that the counselling for NEET-PG examination of 2019 will be conducted as per the old law providing for 14% OBC reservation. He stated that despite the Ordinance becoming law, the interim order has been continued by the executive arm of the state without there being any stay or interim order passed by either the high court or the top court.
The bench said, 'We are not going to grant you any interim order. Very reluctantly we are issuing notice. We will only post the matter along with the batch of matters pending before this court.' In 2022, the state of Madhya Pradesh had filed a transfer petition before the top court. Subsequently by an order of the court, all petitions pending before the high court stood transferred to the top court where the matter is still pending.
Solicitor general Tushar Mehta appearing for the state opposed the petition pointing out that already the issue is under consideration in the transfer petition filed by the state. He questioned the need for adding yet another petition to the bunch of cases where the validity of the law has been challenged.
Thakur pointed out that the pending batch of cases only challenge the Ordinance. However, the Act has not been challenged so far. However, lawyers appearing in the matter refuted this claim pointing out that even the 2019 Act by the state introducing 27% reservation for OBC in public employment is pending before the top court.
Thakur said that the implementation of the 2019 amendment remains uncertain and sought a clarification from the court giving effect to the law. The petition filed by him said, 'The legislation has neither been struck down nor declared unconstitutional by any court of law. In fact, no interim order has been passed by this court or the high court of Madhya Pradesh for restraining enforcement of the law.'
He stated that the operation of the statutory provision cannot be stultified by granting an interim order except when the court is fully convinced that the particular enactment is unconstitutional. He questioned the executive for not acting upon the legislation in the absence of any order restraining them from doing so.
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