10% EWS quota applicable only for vacant posts in general category: Madhya Pradesh HC

Jabalpur: The Madhya Pradesh High Court has held that quota for economically weaker section (EWS) is available only for 10 per cent of the general category seats and is not applicable to total vacant posts during a government recruitment drive.

The HC in Jabalpur made the observation while dismissing two pleas seeking reservation for more than four posts for EWS candidates in recruitment of laboratory technicians in Madhya Pradesh, saying their contention was not in consonance with the constitutional provision which earmarks 10 per cent quota for job aspirants from poor financial background in the general category segment.

"Since earmarking of four posts under the EWS category (by the MP examination authority) is in consonance with the constitutional provision, petitions are devoid of merit and hereby dismissed," a single bench of Justice Vivek Agrawal observed in his order on April 30.

"It is evident that EWS reservation is available only for general category (seats) and is not extendable to (posts reserved for candidates from) OBCs, SCs or STs," said the bench.

The HC maintained the state's Professional Examination Board (PEB) was right in earmarking four posts under the EWS category and its decision cannot be said to be arbitrary.

"Thus, when examined from this perspective, then total posts available under the unreserved category in the cadre of laboratory technician is 34, and earmarking four posts under the EWS category cannot be said to be arbitrary, because there could not have been 10% reservation of total number of posts of 219 out of which 122 are for OBCs, 46 for SCs and 13 for STs," the order said.

The pleas were filed by some of the candidates against the number of seats reserved in different categories by the PEB while issuing an advertisement for 219 vacant posts of laboratory technician.

"It is submitted that 10 per cent quota for EWS category, if applied, then 22 posts should have been earmarked for the EWS category. But respondents (PEB) have earmarked only four posts under the EWS category, as a result of which petitioners despite of merit, could not get selected on the post of laboratory technician under the EWS category," the order said while dismissing the pleas.

The Centre, through the 103rd Constitutional Amendment Act, 2019, introduced the provision for 10 per cent EWS reservation in admissions and government jobs. The provision was upheld by the Supreme Court by a majority view of 3:2 in November 2022.