NEW DELHI: The Supreme Court has sent back a batch of petitions related to the power of enhancement in OBC reservation in Madhya Pradesh from 14 per cent to 27 per cent to the state high court.
In 2019, the state decided to increase the share of Other Backward Classes in Madhya Pradesh from 14% to 27% in government jobs and education.
While the Supreme Court asked the Chief Justice of Madhya Pradesh to constitute a special bench to look into these matters, the apex court said the petitions would be decided within three months.
A bench of Justices PS Narasimha and Alok Aradhe passed the order on February 19 while hearing a batch of arguments on the issue.
“We are of the view that the Madhya Pradesh High Court would be in the best position to consider and give a comprehensive view of the need and legality of affirmative action for the state,” the bench said.
It said that while affirmative action and reservations are constitutional obligations and powers of state policy, the Supreme Court of the state in question is best suited to examine the validity and powers of challenges to such political decisions in the first place.
It said that examining these issues independently, in the exercise of jurisdiction under Article 32 of the Constitution, without a decision of the Supreme Court, would be inappropriate.
“However, we can balance the interest by requesting the Supreme Court to ensure that these petitions are dealt with and disposed of expeditiously,” she said, adding, “In view of the above, we remand these appeals, special leave applications, transferred cases and writ petitions to the Madhya Pradesh High Court.”
She said that the body before which the matters will be referred in the Supreme Court can also consider applications submitted by the rival parties.
“In view of the long wait and also the urgency, the court assigned to the cases is requested to hear and dispose of the appeals within three months from today,” the apex court said.
The Supreme Court clarified that it did not express any opinion on the merits of the order or on the interim arrangement pending disposal of the writ petitions.
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