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Constitutional LawResearch ArticleOPEN ACCESSPEER REVIEWED

Ashita Dubey v. State of Madhya Pradesh (W.P. No. 5901/2019): A Legal and Sociological Study of the 27% OBC Reservation in M.P.

Volume
3
Issue
1
Pages
1–7
Published
Nov 2026
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0
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Abstract

This research paper presents an in-depth legal examination of the historic and controversial judgment delivered on October 9, 2026, by a Division Bench of the Madhya Pradesh High Court (comprising Hon'ble Mr. Justice Anand Pathak and Hon'ble Mr. Justice Vinay Saraf) in the case of Ashita Dubey v. State of Madhya Pradesh (W.P. No. 5901/2019). Through this ruling, the Court declared the 2019 Amendment Act, which increased OBC reservation from 14% to 27%, unconstitutional and set it aside. The paper critically analyzes the constitutional aspects, judicial biases, and factual omissions overlooked by the High Court. Furthermore, it critiques the recommendations of the Mandal Commission, the core spirit of Articles 15(4) and 16(4), and the lackluster representation by the State Advocate General's office. Finally, the article highlights the socio-economic losses inflicted upon the state's majority OBC population by this verdict and outlines the legal arguments against it.

Authors
DM
Dr. Mukesh Kumar Malviya
Associate Professor, Faculty of Law, Banaras Hindu University, Varanasi
Keywords
Ashita Dubey CaseOBC 27% ReservationIndra Sawhney DoctrineMadhya Pradesh High CourtSocial and Educational Backwardness
References
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