SC May Soon Rule on 58% Reservation: Hundreds of Recruitments in Chhattisgarh at Risk; HC Says 50% Roster Valid After May 2023 in RTI Reply

In 2012, the Chhattisgarh government had increased total reservation to 58%, crossing the 50% cap. On 19 September 2022, the High Court struck down the law. On 1 May 2023, the Supreme Court granted limited relief, allowing only those recruitments advertised before the HC judgment to proceed—subject to the final outcome of the case.

This relief did dicating that agencies had erred.

What the RTI Response Revealed

Question 1:
Was the 8% additional reservation (58% roster) followed in contractual/ direct recruitment advertisements?

HC Response:
Only the 50% reservation roster was applied in contractual direct recruitments.

Question 2:
Did the High Court continue applying the 58% roster after the Supreme Court order dated 1 May 2023?

HC Response:

• Before 1 May 2023: The 58% roster (SC 12%, ST 32%, OBC 14%) was in force.

• After 1 May 2023: The 50% roster (SC 16%, ST 20%, OBC 14%) has been implemented.

Understanding Chhattisgarh’s 58% Reservation

Instead of the standard 16-20-14 (50%) model, Chhattisgarh had adopted a 12-32-14 (58%) structure for government jobs.

Direct Impact: Thousands of Aspirants Affected

Multiple recruitments issued after 1 May 2023 including 12 posts in the Health Department, 200 Excise Constable posts, and 50 Amin posts used the invalid 58% roster. Several selection results have already been announced on this basis. A strict Supreme Court ruling could nullify these recruitments.

Supreme Court’s Approach: No Relief for MP, Trouble Ahead for CG

MP had sought interim relief for raising OBC quota from 14% to 27%, but the Supreme Court refused, stating constitutional validity must be decided first. The Court also noted that the limited relief granted to Chhattisgarh cannot be extended to MP.

Final judgment on the 50% cap is now necessary. The Court will first conclude the MP case, followed by the Chhattisgarh matter. This poses a serious challenge for Chhattisgarh, whose 58% model has already failed judicial scrutiny at the High Court level.

What Lies Ahead for Chhattisgarh?

1. All recruitments based on the 58% roster after 1 May 2023 face legal uncertainty.

2. Results may be withheld, and selections could be stalled.

3. Thousands of candidates will be left in limbo.

4. The government faces pressure after the HC, via RTI, highlighted misapplication of the roster.

5. If the Supreme Court declares reservations above 50% unconstitutional, the entire reservation framework in Chhattisgarh will have to be restructured.