Suresh Kumar Kait and Justice Vivek Jain’s double bench has given important instructions to the State Government in the case related to Other Backward Classes (OBC) reservation that 13 per cent posts should be kept vacant even after the recruitment process is completed. Not only this, till the Supreme Court does not take a final decision in the matter of 27 per cent reservation to OBC, the State Government will not carry forward the posts of all recruitments. The High Court passed this interim order on Thursday in a case related to recruitment of other public servants including teacher recruitment. The next hearing of the case has been scheduled on April 4. It is worth mentioning that during the last hearing of this case, the High Court had asked the government why the candidates of Other Backward Classes are not being appointed on hold posts in various recruitments. During the hearing, the state government argued that the matter related to OBC reservation is pending in the Supreme Court.

 

An undertaking was given by the state that till a final decision is taken, 13 percent posts will be kept on hold in all recruitments. Senior advocates Rameshvar Singh Thakur and Vinayak Prasad Shah argued on behalf of 35 candidates from several districts including Panna resident Surya Shrivas. They argued that earlier the High Court had dismissed the petition in which orders were given to hold 13 percent of OBC posts. When the petition itself has been dismissed, the Government should start the appointment process on the held posts. But it seems that the state government does not intend to give OBC its rights. In this case, the Advocate General of Madhya Pradesh has made the mistake of giving his opinion on the 87:13 formula against the law. Till now it has not been made clear by which order of the High Court 13 percent posts have been held.