Mohammad Rafiq, C.J.
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 8th March, 2019, which later on became the Madhya Pradesh Lokseva Sanshodhan 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 W.P. No. 5901/2019 on 31-1-2020, which has since then remained in operation. The operative part of the said order reads as under:--
"Accordingly, after hearing the learned counsels, it is directed that, it shall be open for the Public Service Commission to go ahead with the selection process. However, the same shall not be finalized and no appointments shall be made without prior permission of the High Court."
3. IA No. 5654/2021 has been filed by the State Government in W.P. No. 5901/2019 and another IA No. 5601/2021 has been filed on behalf of the State Public Service Commission in W.P. 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 dated 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 25.3 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 dated 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.
4. In the course of arguments, learned counsel for the petitioners in W.P. No. 20293/2019 and W.P. No. 3757/2011 have submitted that they have in their writ petitions also challenged the reservation of 10% provided to the candidates of Economically Weaker Sections of Citizens, which if added to the overall percentage of reservation including 27% reservation provided to the OBC, the total reservation would far exceed the limit of 50%, thus, taking the total reservation to as highest as 73%, in breach of the ratio of the Constitutional Bench judgment of the Supreme Court in Indra Sawhney etc. etc. vs. Union of India and others, etc. MANU/SC/0104/1993 : (1992) Supp. 3 SCC 217.
5. However, Shri Purushendra Kaurav, Advocate General submitted that reservation provided to EWS stands on different footing than the reservation provided to OBC as it has the backing of the Articles 15(6) and 16(6) and therefore, the two cannot be equated.
6. Having regard to the submissions made and considering that the hearing and final disposal of the writ petitions may take time, we are inclined, for the time being, to modify the order dated 31-1-2020 passed in W.P. No. 5901/2019, allowing the State Government as well as Public Service Commission to go ahead with the process of selection and publish the list of all the categories including reservation to the extent of only 14% to the candidates of OBC and proceed accordingly to issue appointment on the posts of Medical Officers. It is further directed that a stipulation may be made in the appointment order of the candidates appointed against the posts reserved for EWS Category that their appointment shall be provisional, subject to final outcome of the writ petitions.
7. Accordingly, the IA No. 5654/2021 (in W.P. No. 5901/2019) and IA No. 5601/2021 (in W.P. No. 16522/2019) stands disposed of.
8. This Court on 17-2-2021 required the learned counsel for the parties to file the written submissions and further directed that W.P. No. 5901/2021 shall be treated as a lead case while the learned Advocate General submitted that the reply filed by the State in that case shall be adopted in other matters too.
9. Learned counsel for the petitioners and the learned Advocate General are now again required to file their written arguments along with the case law they seek to rely, positively Within a period of fortnight.
10. IA No. 8457/2020 filed in W.P. No. 5901/2019 for taking documents on record is considered and allowed. The documents are taken on record.
11. IA No. 425/2021 filed in W.P. No. 3757/2020, is an application for intervention is also allowed. The interveners are permitted to intervene in the matter.
