SC remands to Madhya Pradesh HC pleas concerning OBC reservation in state

NEW DELHI: The Supreme Court has remanded a batch of pleas concerning the validity of the enhancement in OBC reservation in Madhya Pradesh from 14 per cent to 27 per cent to the state high court, news agency PTI reported.In 2019, the state government increased the Other Backward Classes (OBC) quota in government jobs and educational institutions to 27%, prompting multiple legal challenges. A bench of Justices P S Narasimha and Alok Aradhe passed the order on 19 February while hearing a batch of appeals, special leave petitions, transferred cases and writ petitions on the issue. The court asked the Chief Justice of the Madhya Pradesh High Court to constitute a special bench to hear the matters and requested that they be decided within three months. “We are of the opinion that the High Court of Madhya Pradesh will be in the best position to consider, take a holistic view of the need as well as the legality of the affirmative action for the state,” the bench said. It observed that while affirmative action and reservations are constitutional obligations and matters of state policy, the high court of the concerned state is best suited to examine the validity and vires of challenges to such policy decisions at the first instance.

The bench said it would be inappropriate for the apex court to independently examine the issues under Article 32 of the Constitution without a prior decision from the high court. However, it added that the interests of the parties could be balanced by ensuring an expeditious hearing. “In view of the above, we remand the batch of these appeals, special leave petitions, transferred cases and writ petitions to the High Court of Madhya Pradesh,” the court said. The top court clarified that it has not expressed any opinion on the merits of the case or on any interim arrangement pending disposal of the petitions.