Jabalpur, Madhya Pradesh High Court has held that the quota for Economically Weaker Section (EWS) is available only for 10 per cent of the general category seats and is not applicable to the total vacancies during the government recruitment drive.
The Jabalpur High Court, while dismissing two petitions seeking reservation of more than four posts for EWS candidates in the recruitment of laboratory technicians in Madhya Pradesh, said their contention is not in line with the constitutional provision which provides for job aspirants to Sets a 10 percent quota. From poor financial background in general category category.
A single bench of Justice Vivek Aggarwal, in its order on April 30, said, "Since the marking of four posts under EWS category (by the MP examination authority) is in consonance with the constitutional provision, the petitions are devoid of merit and are dismissed. "
The bench said, “It is clear that EWS reservation is available only for general category (seats) and cannot be extended to OBC, SC or ST (candidates holding posts reserved for them).,
The HC said the state Professional Examination Board (PEB) was right in earmarking four posts under the EWS category and its decision cannot be called arbitrary.
"Thus, when examined from this perspective, the total posts available under unreserved category in the cadre of Laboratory Technician are 34, and earmarking four posts under EWS category cannot be said to be arbitrary, as there is 10% reservation. It could not be possible. Out of total 219 posts, 122 are for OBC, 46 for SC and 13 for ST.
A petition was filed by some candidates against the number of seats reserved in various categories by PEB while releasing the advertisement for 219 vacancies of Laboratory Technician.
“It is submitted that 10 per cent quota for EWS category, if implemented, would have meant that 2 posts should have been earmarked for EWS category.But the respondents (PEB) have prescribed only four posts under the EWS category, due to which the petitioners, despite their qualifications, could not get selected to the post of Laboratory Technician under the EWS category,” the order said while dismissing the petitions.
The Center introduced the provision of 10 percent EWS reservation in admissions and government jobs through the 103rd Constitutional Amendment Act, 2019. In November 2022, the Supreme Court upheld this provision with a majority of 3:2.
The Jabalpur High Court, while dismissing two petitions seeking reservation of more than four posts for EWS candidates in the recruitment of laboratory technicians in Madhya Pradesh, said their contention is not in line with the constitutional provision which provides for job aspirants to Sets a 10 percent quota. From poor financial background in general category category.
A single bench of Justice Vivek Aggarwal, in its order on April 30, said, "Since the marking of four posts under EWS category (by the MP examination authority) is in consonance with the constitutional provision, the petitions are devoid of merit and are dismissed. "
The bench said, “It is clear that EWS reservation is available only for general category (seats) and cannot be extended to OBC, SC or ST (candidates holding posts reserved for them).,
The HC said the state Professional Examination Board (PEB) was right in earmarking four posts under the EWS category and its decision cannot be called arbitrary.
"Thus, when examined from this perspective, the total posts available under unreserved category in the cadre of Laboratory Technician are 34, and earmarking four posts under EWS category cannot be said to be arbitrary, as there is 10% reservation. It could not be possible. Out of total 219 posts, 122 are for OBC, 46 for SC and 13 for ST.
A petition was filed by some candidates against the number of seats reserved in various categories by PEB while releasing the advertisement for 219 vacancies of Laboratory Technician.
“It is submitted that 10 per cent quota for EWS category, if implemented, would have meant that 2 posts should have been earmarked for EWS category.But the respondents (PEB) have prescribed only four posts under the EWS category, due to which the petitioners, despite their qualifications, could not get selected to the post of Laboratory Technician under the EWS category,” the order said while dismissing the petitions.
The Center introduced the provision of 10 percent EWS reservation in admissions and government jobs through the 103rd Constitutional Amendment Act, 2019. In November 2022, the Supreme Court upheld this provision with a majority of 3:2.
