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

File photo: Madhya Pradesh High Court

May 9, 2024

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

The High Court made the observation while dismissing two pleas seeking reservations 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% 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,” the court said. “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.”

“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 High Court said.

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

 

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