Jabalpur: In a significant decision related to the Economically Weaker Section (EWS), the bench of Justice Vivek Aggarwal at the Madhya Pradesh High Court has clarified the implementation of EWS reservation. The court ruled that the 10 percent reservation for EWS should be allocated from unreserved posts only, rather than the total number of positions. Importantly, this reservation does not overlap with the existing reservations for SC, ST, and OBC categories.
Background and Petition:
- Candidates from economically weaker sections in various districts, including Shahdol, Raisen, Rewa, Rajgarh, Sidhi, and Chhindwara, demanded an increase in EWS posts.
- The Madhya Pradesh Professional Examination Board had advertised 219 vacancies for Laboratory Technicians. According to the 10 percent EWS reservation, 22 posts were earmarked for EWS candidates. However, the board allocated only 4 vacancies, leading to the exclusion of deserving petitioners despite their names being on the merit list.
Court’s Verdict:
- Justice Vivek Aggarwal’s single bench rejected the petitions and emphasized that EWS reservation does not apply to SC, ST, and OBC categories.
- The court expressed disappointment with the state government’s handling of the issue, noting that its lack of action has contributed to an increasing burden of litigation in the courts.
- Referring to Article 15(6) and 16(6) of the Constitution, the High Court clarified that 10 percent reservation is specifically for the economically weaker section.
- OBC, SC, and ST categories remain separate from EWS benefits.
- Out of the total 219 posts, 122 are reserved for OBC, 46 for ST, and 13 for SC. Consequently, the remaining 38 general category posts can allocate 10 percent (i.e., 4 posts) to EWS candidates.
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