MP High Court Issues Notice On PIL Seeking Reservation For Orphan Kids In Govt Jobs & Educational Institutions

A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain was hearing a PIL filed by Disha Education and Welfare Foundation, a registered society which aims at protecting the fundamental rights of Orphan children living in the country.

The petition states that Government of Madhya Pradesh has failed to make proper Policy for the welfare and upliftment of Orphan children. It alleges that no data of Orphan children has been maintained or disclosed by the State Government of Madhya Pradesh. However, the State Government had framed a Policy namely, Mukhyamantri Baal Ashirwad Yojna-2022, which is merely to complete paper formality by merely extending them financial help of Rs. 2,000/- per month, but there is no provision for reservation of Orphan children in education.

The petition states that States like Chattisgarh, Uttarakhand, Maharashtra and Delhi have framed a policy and provide vertical reservation to orphan children in various fields in Government/Semi-Government/Non-Government as well as Educational institutions.

The petitioner through this petition prays for direction to classify Orphans as a separate class and to extend 10% reservation for orphan students in Government/Semi-Government/Non-Government Service/Coaching Centres as well as Educational Institutions.

During the hearing on April 28, the counsel for the petitioner submitted, “This is regarding the rights of the orphans…My Lord, the government has no data and there is no provision for reservation and educational employment.”

The Court asked, “This is regarding the orphan children…How many orphan children homes are there in Madhya Pradesh are there?”

The counsel answered, “There is no such data. My client says about 10-12 orphan homes.”

The Court said, “And what about their education and all the things? There is no provision?”

The Counsel said, “My Lord, the government has framed the policy to provide some remuneration…”

The Court asked, “What do they do with that amount?”

The counsel said, “It's Rs 2000 per month. All are not provided…”

The Court asked, “Did they identify? Who are the orphans or not?”

The Counsel said, “There is no data on this…there is no reservation in educational institutions and neither in government jobs. The Delhi University provides reservation to orphans in every department. In Uttarakhand also there is a policy regarding this. A bill has also been drafted by the Central Government. However, it hasn't been passed yet.”

Thereafter, the Counsel for State informed the Court that a similar matter is pending before the Supreme Court, thus, seeking time to take instructions to apprise the Court on the next date of hearing.

The Court noting the importance of the matter in hand, granted time to the State as well as the counsel for petitioner to seek instructions on the same.

The matter is listed next week.

Case Title: Disha Education and Welfare Foundation vs. State of Madhya Pradesh, Writ Petition No. 11451 of 2025