• Excerpts from arguments put forth in hearing at Madhya Pradesh High Court to justify/oppose increase in OBC Reservation from 14 to 27%. Sections of learned men argued the case using colonial concepts like caste and limited understanding of Manusmriti.

The Jabalpur bench of the MP High Court (HC) struck down the 73% reservations scheme of the state government – 27% OBC Reservations. Our earlier articles on reservations were SC and MP High Court order on OBC Reservations , Explained 19 years old student from Jabalpur gets SC relief in Medical College Admission under EWS, Explained OBC Reservations and Reservations in India Explained

Read  OBC Kings of India and SC Converts are OBC in some States

Who are Other Backward Class?

Section 2 of the 1993 National Commission for Backward Classes (NCBC) Act defines “backward classes” as backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the Central Government in the lists.” This definition is based on exclusion of SC and ST.

A Backward Class is one who is socially and educationally backward. So can Brahmins, Kshtriyas and Vaishyas be socially and educationally backward?

Do the Legislature or Courts presume that all OBC’s are backward?

Why Reservations in India?

It is supposed to correct denial of education to SC/ST for thousands of years. According to research done by Gandhian Dharampal SC were the maximum number of SCHOLARS in Pre British India  The British started this denial of education to divide India, the Congress carried it forward post 1947 and the BJP has joined them.

What is the origin of Reservations in India?

According to vajiramandrravi.com, “Instead of separate electorates, the Poona Pact established a system of reserved seats for the Scheduled Castes within the general electorate. The promises of the Poona Pact regarding the reservations found a reflection in the Indian Constitution.” According to GOIMonitor.com, “1942: Viceroy's Executive Council recommends 8.5 per cent reservation for Scheduled Castes in civil services. B R Ambedkar was a member of the council.”

ST who convert to Islam and Christianity continue to be treated as ST by the government. To know who are Scheduled Castes and Tribes read Here

Should OBC include Muslims and Christians?

List of OBCs in MP-Central List downloaded on 27.2.26 at 3.59 pm. Serial 58 is Scheduled Castes who have embraced Christianity. Serial 59 is titled ‘Islamic Groups’ and has 27 entries. Source OBC Reservations in India

1 Current titular Maharaja of Mysore is OBC!

Examples of States that consider SC Converts to Christianity as OBC?

Central List of OBC - Assam reference Number 22, Bihar Number 120, Gujarat Number 36, Tamil Nadu Numbers 22, 97, 101, 104, 117, 172, 181, West Bengal Number 52, Uttar Pradesh Number-could not find, Telangana Number 51, Jharkhand Number 22, Maharashtra Number 170, Karnataka Number 151.

OBC population gets inflated by inclusion of Muslims and SC Converts.

Facts of the Case (page numbers are from HC order of October 2026 which referred to)

1. In 2019, OBC reservation % increased from 14 to 27.

2. Vide 1994 Act, for Class I to IV, 50% reservations provided i.e. SC 16%, ST 20% and OBC 14%.

3. “OBCs are at the central point of power in the State of Madhya Pradesh and are adequately represented in all spheres of life”. Pg 33

Since 2003, MP had four Chief Ministers from the OBC community who ruled the state for nearly 25 years. Pg. 104 It is like asking for reservations for Jaat Sikhs in Punjab, when every CM since the state was formed in 1966 was a Jaat.

4. “On 26.07.1902, it was Maharaja Shahu of Kolhapur who enacted the first reservation law in the country. This law provided that 50% of all vacancies, that arise, would be filled up by backward classes.” Pg 37

5. “Neither consultation with the NCBC was carried out, nor the State carried out contemporaneous survey before taking the decision to increase the quantum of reservation.” Pg 42

6. “Council also relied upon the Constituent Assembly Debates and the statement of Dr. B.R. Ambedkar, wherein he himself referred to the fact that reservation must be confined to a minority of seats.” Pg 45

7. “It is thus evident that this periodic exercise of inclusion and exclusion in the OBC list on the basis of progress (to be excluded) and regress (to be included) is to be carried out so that the reservation facility may be availed by those who require that benefit.” Pg. 46

8. “The education data collected by the 2023 study does not indicate any 

backwardness amongst OBCs.” Pg. 48

9. “According to the 2023 study, 23.91% of OBC respondents have attained a 

graduate degree or higher.” Pg. 48

10. “The BRAUSS Report 2023 adopted an approach which is expressly considered and declared to be unacceptable by the Apex Court, namely, self-backwardness by a body/different class of people.” Pg. 49

11. “Employment data collected by the 2023 study does not fulfil the extraordinary and exceptional conditions to exceed the 50% limit.” Pg. 51

12. “Article 16(4) of the Constitution talks about Adequate Representation and not Proportionate Representation.” Pg. 56

13. “Article 15 guarantees Equality before Law.” Pg 72. Read  Equality before law is a myth in India and Comparing Inheritance Laws Hindu vs. Muslim women

14. “Dr. Ambedkar had, in the Constituent Assembly Debates (Vol. VII, Pg. 701-702; Pg.2-3, Vol. III, CC), in defending the inclusion of the word ‘backward’ in Article 16(4), remarked that "reservations must be confined to a minority of seats to preserve the rule of equality." Pg. 73 There was no concept of OBC in 1950. Only SC and ST.

Read  Benefits of Caste System

15. “The fundamental question of what constitutes a breach or who has breached the 50% mark needs to be answered.” Pg 75 “Councel submitted that the 50% ceiling has already the reservation given to the 'EWS Category.” Pg. 76 

16. “Shri V P Shah referred ancient scriptures like Manusmriti and submits that because of long drawn injustice caused to backward classes reservation is mandatory.” Pg 80  Pavan Varma on Manusmriti  

Please understand Difference between Shruti and Smriti and Maximum number of scholars in pre-British India were Sudras

17. Pg. 85 to 87 does Global Benchmarking on Affirmative Action – irrelevant because every country has a different history. Countries referred to are all Christian/Anglo-Saxon.

18. “The Chairman of the Commission (appointed 1953), Kaka Kalelkar, however, had second thoughts after signing the report. In the enclosing letter addressed to the President, he virtually pleaded for the rejection of the report on the ground that the reservations and other remedies recommended on the basis of caste would not be in the interest of society and country.” Pg. 90

19. “On August 14, 1961, the Central Government wrote to all the State Governments, stating, inter alia discretion to choose their own criteria for defining backwardness, in view of the Government of India, it would be better to apply Economic Tests than to go by Caste.” Pg. 91

20.  Dr Ambedkar said, “The seats to be reserved, if the reservation is to be consistent with sub-clause (1) of Article 10, must be confined to a minimum number of seats. It is then only that the first principle could find its place in the

Constitution and effective in operation.” Pg. 95

21. “Outdated statistics cannot be the parameters for measuring backwardness for the purpose of inclusion in the List of Other Backward Classes.” Pg. 101

22. “Indra Sawhney, a 9 Bench court of Hon'ble Supreme Court of India, which clarified the position once and for all.” Pg. 140 This case is a must read because it laid down the 50% limit on reservations.” Pg. 140 

23. “OBC’s adequately represented per Article 16 (4) of Constitution.” Pg. 157

Now Key Points from earlier articles on Court Orders analysed

1. Explained OBC Reservations

The Mandal Commission refers to the unit of identification as Caste. But the European word caste fails to capture the meaning of the Indian term, jati, which is more properly translated as “community.” Jati in traditional India promoted and preserved diversity and multiculturalism by allotting every jati a particular space and role in society so that no jati would be appropriated or dominated by another.

If Hindus are to be divided by caste, Muslims to be classified as Ashraf (who trace their origin either to western or central Asia (for instance Syed, Sheikh, Mughal, Pathan, etc or native upper caste converts like Rangad or Muslim Rajput, Taga or Tyagi Muslims, Garhe or Gaur Muslims, etc), Ajlaf (lower caste or backwards), Arzal (Dalit). Source ThePrint

Central List of Other Backward Classes is given state-wise as per NCBC site Per link Bihar and Jharkhand have 2 Muslim communicates included in OBC. For state wise community details click Here

For table Number of Muslim communities taken as OBC in select states

2. SC and MP High Court order on OBC Reservations February 2026

According to a December 2024 SC order on Untouchability authored by Dr Dhananjaya Y Chandrachud, then CJI, “Both Articles 15(4) and 16(4) do not enable reservation based on castes but only on classes. The absence of the use of “caste” in Articles 15(4) and 16(4) when coupled with its use in Articles 15(2) and 16(2) led the courts to hold that caste cannot be the sole basis of reservation.” Para 192, Pg 128 of SC order. Source Also read 12 para 6.1 for another SC observation.

3. SC Converts are OBC in some States

4. Reservations in India Explained

Is there any sunset clause for reservations in government jobs/education?

I could not find any clause in the colonial constitution that gives a date by which reservations would end. It is only SC/ST quota in Lok Sabha and state assemblies that ends in 2030.

It is surprising that the Constitution makers did not put an end date. Reservations started in 1950, 75 years over. Not to forget the billions of rupees given in scholarships and income-tax exemption to ST of most north-eastern states.

In India, it is assumed that all General Category students are rich and all SC/ST will remain poor forever.

6. Explained 19 years old student from Jabalpur gets SC relief in Medical College Admission under EWS

Also read

1. Explained OBC Reservations

2. SC and MP High Court order on OBC Reservations ,

3. Explained 19 years old student from Jabalpur gets SC relief in Medical College Admission under EWS,

4. Reservations in India Explained

5. What are Dharma Sastras

6. Why was NEET introduced

7. SC Converts are OBC in some States

8. Can India become a Casteless Society