Yogesh Kumar Thakur Vs Guru Ghasidas Sahitya Avam Sanskriti Academy And Ors. (Supreme Court of India)
The batch of civil appeals, special leave petitions, transferred cases, and writ petitions concerned the validity of enhancement of reservation for Other Backward Classes (OBC) in the State of Madhya Pradesh from 14% to 27%. After the decision in Indra Sawhney, Madhya Pradesh enacted the 1994 Act providing 14% reservation for OBCs, 16% for Scheduled Castes, and 20% for Scheduled Tribes. Although there was longstanding demand to increase OBC reservation to 27%, legislative action was constrained by the 50% ceiling.
In 2019, the Governor promulgated an Ordinance amending the 1994 Act to increase OBC reservation from 14% to 27%, later replaced by the Amendment Act, 2019. The Gazette Notification dated 24.12.2019 implemented the 27% quota. The Ordinance and subsequent Act were challenged before the High Court of Madhya Pradesh, which passed interim orders restraining implementation of enhanced reservation during pendency of writ petitions.
Despite the stay, advertisements and corrigenda were issued applying 27% reservation. Further writ petitions were filed, and interim orders dated 04.05.2022 restrained implementation beyond 14% in certain recruitments. The State sought transfer of pending writ petitions to the Supreme Court, which was allowed on 20.08.2024.
