ASHITA DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) Under challenge in all these writ petitions is the validity of Madhya Pradesh Lok Seva (Anusuchit Jatiyo, Anusuchit Janjatiyo Evam Anya Pichhade Vargo Ke Liye Arakshan) Sansodhan Adhyadesh, 2019 promulgated on 8/3/2019, which later on became the Madhya Pradesh Lokseva Sansodhan Adhiniyam, 2019, as a result of which, the reservation in favour of OBC category has been raised from 14% to 27% thereby raising the outer limit of the reservation from 50% to 63%.

(2.) This Court after hearing the learned counsel for the parties passed an interim order in WP No.5901/2019 on 31/1/2020, which has since then remained in operation. The operative part of the said order reads as under:-

(3.) IA No.5654/2021 has been filed by the State Government in WP No.5901/2019 and another IA No.5601/2021 has been filed on behalf of the State Public Service Commission in WP No.16522/2019, with a common prayer that in view of the ongoing second wave of Coronavirus and apprehended third wave, the State Government/Public Service Commission may be allowed to notify the result of the selection and make appointment on vacant posts of Medical Officer Class-II. It is submitted that as per the requisition submitted to the MPPSC, an advertisement dtd. 5/12/2020 was published for appointment of the Medical Officer (Medical) and Medical Officer (Non-medical) in the Department of Home, Madhya Pradesh advertising 4 posts, out of which 2 posts are for Open Category and 2 posts for OBC Category. Similarly, another advertisement was issued on 8/2/2021 notifying 727 vacancies for appointment of Medical Officer in the Department of Public Health and Family Welfare, out of which 253 posts are reserved for ST, 401 posts are reserved for OBC and 73 posts are reserved for EWS, which includes 83 posts reserved for ST (Female), 132 for OBC (Female) and 24 posts for EWS females. Moreover, 44 posts are reserved for candidates having Locomotor Disability. Prayer has been made in both the aforementioned Interlocutory Applications that the aforesaid interim order dtd. 31/1/2020 passed by this Court may be suitably modified and the respondents may be allowed to notify the result of the aforesaid two selections by providing reservation to the candidates of OBC only up to 14%, keeping the posts for 13% increased reservation vacant and make appointment accordingly.