Acting on the opinion of State’s advocate-general, the State Government, 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 district 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.
The order further stated, "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.
Advocate-general 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."