The Madhya Pradesh High Court has struck down the MP Public Services (Reservation) Amendment Act, 2019, which provided for 27% reservation for candidates of the Other Backward Class category and 10% reservation for EWS candidates. [2026 LiveLaw (MP) 411]

Examining the data on Higher Education and Public Services, the division bench of Justice Anand Pathak and Justice Vinay Saraf noted that the OBC category is "adequately represented as per Article 16(3) of the Constitution" and directed:

"All the writ petitions preferred by the petitioners challenging the Amendment Act, 2019, are allowed. The Amendment Act, 2019, is struck down. The remaining petitions which were filed for additional reservation for OBC plus EWS reservation and Horizontal Reservation, etc., shall be treated as decided as dismissed in view of this order". 

Several batches of writ petitions were filed before the High Court challenging the MP Ordinance 2 of 2019 as well as the M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhde Varon Ke Liye Arakshan) Sanshodhan Adhiniyam, 2019 [MP Public Services (Reservation) Amendment Act, 2019]

The petitions were filed by a batch of MBBS students, all belonging to the General Category, who were aspirants for the NEET PG Examination of 2019. It was argued that many of the petitioners cleared the exam with good marks and were called for counselling. While it was ongoing, the Government brought into effect the impugned ordinance and raised the OBC category reservation from 14% to 27%. Later, an amendment was passed. 

The court examined the representation of OBC in the State of MP. The court noted that since 2003, the State has had 4 CMs from the OBC community and that more than 25% of the Ministers or MLAs are from the said community.

Further, per the education data of 2023, OBC students constitute 33.87% of enrollment in higher education. Considering this with the reserved quota, the court noted,

"OBCs are securing approximately 50% of open competition seats. For context, in the State of Madhya Pradesh, a total of 60% of seats are reserved for SC, ST, OBC & Economically Weaker Section categories, leaving 40% in the open category. The data indicates that OBCs are securing 14% of seats through their reservation quota and the remaining 20% from open competition". 

The court also referred to another 2023 study by the BRAUSS Report, which stated that 23.91% of OBCs have attained a graduate degree or higher, and 4.4% of the State's total population are graduates. 

Additionally, per a Department of Higher Education study, the overall enrolment in higher education among OBCs has increased from 45% to 60%. 

Further, the bench examined studies on social status, employment status, and economic status. 

The court also noted that, per the data of public services, OBCs are securing 14% of the seats through reservation and, at times, 15-20% of seats from the open competition. The general category candidates are left with only 20-25% of the seats, observing that 70% of the seats are generally occupied by SC, ST, and OBC categories. 

Observing that the existence of reservation was not the primary issue in the matter, the court held,

"What is in issue is the extent of reservation. If the extent of reservation is excessive, then it makes an inroad into the principle of equality under Article 16(1). Extent of reservation, as stated above, will depend on the facts of each case. Backwardness and inadequacy of representation are compelling reasons for the State Governments to provide representation in public employment not otherwise. Not on the basis of proportionate representation. Therefore, if in a given case the court finds excessive representation under the State Enactment then such an Enactment would be liable to be struck down since it would amount to derogation of the constitutional requirements". 

Accordingly, the bench disposed of the petitions.