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A akin ruling was made successful different petition, wherever the petitioner challenged the September 2, 2021, enforcement acquisition without questioning the legislative amendment that raised the OBC preservation percentage. (Pixabay)
The Madhya Pradesh High Court has dismissed 2 petitions challenging an enforcement acquisition related to 27 per cent preservation for Other Backward Classes (OBCs), ruling that the petitions were “not maintainable” arsenic they failed to situation the underlying amendment that accrued the quota.
The petitioners successful the lawsuit did not situation the amendment itself, but alternatively the consequential enforcement acquisition issued connected September 2, 2021, regarding its implementation, the tribunal said.
There are aggregate petitions inactive pending earlier the High Court, some for and against the summation successful OBC reservation, and the tribunal is yet to determine connected these.
The High Court seat of Justice Suresh Kumar Kait and Justice Vivek Jain noted: “The contiguous petitioner/political enactment has not challenged the amendment carried retired by the Legislation successful the M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liya Arakshan) Sanshodhan Adhiniyam, 2019, whereby preservation for OBC has been enhanced to 27% but has lone challenged the consequential administrative order/executive instructions dated 02.09.2021.”
A akin ruling was made successful different petition, wherever the petitioner challenged the September 2, 2021, enforcement acquisition without questioning the legislative amendment that raised the OBC preservation percentage.
The tribunal reiterated: “Since, successful the contiguous petition, determination is nary situation to the amendment Act but lone to the consequential enforcement instruction, the contiguous petition is not maintainable, it is hereby dismissed.”
Former main curate Kamal Nath saw this arsenic a “victory for Congress policies”, recalling that successful March 2019, during his tenure, his authorities had implemented the 27% preservation for the OBC assemblage successful Madhya Pradesh.
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He said the High Court’s determination reaffirmed the “correctness of his government’s move” and urged the existent medication to “immediately enforce the 27% OBC preservation astatine each levels”.
Advocate Rohan Harne, who appeared for 1 of the petitioners, said: “There are galore petitions inactive pending earlier the court. We had challenged the administrative order.”
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