SC dismisses T’gana’s plea on OBC reservation

In a setback to the Telangana government, the Supreme Court on Thursday rejected its petition challenging a Telangana High Court order that stayed a government order providing 42% reservation to Backward Classes (BCs) in local bodies.

A bench of Justices Vikram Nath and Sandeep Mehta told the state government, “You continue with your elections with the same reservation which was existing. Dismissed.”

The Telangana government, led by the Congress, had issued a government order (GO) on September 26 to increase reservation for Backward Classes in local bodies to 42%. The state had approached the Supreme Court after the Telangana High Court issued an interim stay on the GO on October 9.

The High Court had stayed the GO following petitions that argued the new reservation violated the Supreme Court’s 50% ceiling on total quotas. Petitioners claimed that by increasing reservation, the government had pushed the total quota in local bodies to 67%, exceeding the legal limit.

During Thursday’s hearing, senior advocate Abhishek Singhvi, representing Telangana, said the state was “very heavily aggrieved” by the High Court’s interim order. He argued that the GO was part of the state’s policy to empower and ensure representation for Backward Classes.

The Supreme Court bench, however, noted that the High Court had only passed an interim order and that elections could continue under the existing reservation framework. “It is not your case that there is no reservation. There is a reservation. You are increasing the percentage of reservation,” the bench told the state’s lawyer.

Singhvi argued that there had been a misconception about the 50% reservation limit imposed by the apex court in previous judgments. He urged the Supreme Court to consider the “larger issue” of whether the 50% cap could ever be adjusted. The bench, however, emphasized that the High Court order was interim and allowed the ongoing elections to proceed as scheduled.

Following the High Court’s stay, the Telangana State Election Commission (SEC) had suspended the poll notification issued on September 29 and halted further election-related activities until further notice. Earlier, the SEC had announced a five-phase schedule for elections to rural local bodies, to be held between October and November.

The state government’s GO cited Article 243 D (6) of the Constitution, which empowers states to provide reservations in panchayats and other local offices for Backward Classes. The government said it had relied on the Socio-Economic, Educational, Employment, Political, and Caste (SEEEPC) survey, which analyzed the socio-economic and political status of different communities in Telangana.

Based on the survey and recommendations from a one-man commission appointed by the state, the government concluded that at least 42% quota was needed for BCs to improve their political representation and welfare. The GO stated that the revision was necessary due to the significant BC population and their inadequate political presence in local bodies.

While the Supreme Court dismissed the government’s plea, it clarified that its order would not affect the High Court’s consideration of the petitions on their merits. The Telangana High Court will continue hearing the matter and decide whether the 42% reservation can be implemented or modified.