Bhubaneswar, July 20: The state government is in a quandary after Orissa High Court quashed the Orissa Reservation of Posts and Services Act, 2008, providing 27 per cent reservation for the socially and educationally backward classes.

The court struck down the provision on the ground that it had exceeded 50 per cent quota in violation of the Supreme Court orders.

Though the judgment was delivered on June 29 and the details were made available yesterday, the state government refused to react, saying that it had not yet received the copy the verdict.

"We will take a view after we receive a copy of the judgment," Odisha's backward class development minister Ramesh Chandra Majhi told The Telegraph.

Departmental secretary Surendra Kumar said: "We have to see on which grounds the act was quashed. We will examine the grounds and explore the options before the government. We will then seek the opinion of the law department and obtain the government's approval."

However, the recruitment process of the state government will not be immediately affected. This was clarified by the state's advocate general Surya Prasad Mishra. He said: "While the case was pending in the high court, the 27 per cent quota was brought down to 11.25 per cent as an interim measure. The quota does not exceed 50 per cent." So, the interim measure can remain in force as the total quota does not exceed 50 per cent."

An official, on condition of anonymity, said the government might file a special leave petition in the Supreme Court challenging the high court verdict.

A senior BJD leader said reservation for the socially and educationally backward classes assumed importance for the party and the government as these classes (they constitute more than 27 per cent of the state's population) are a major votebank. "It's a prestige issue for us ahead of the 2019 general elections. Any wrong handling could give advantage to the Opposition. The government cannot afford to dillydally the sensitive issue," said the leader.

The petitioners, on the other hand, will contest the case if the government goes on appeal.

"If the state government moves the Supreme Court, we will certainly contest the case again," said Manoja Kumar Khuntia, counsel for one of the petitioners before the Odisha Administrative Tribunal.

The June 29 verdict came as a major setback to the state government, as it upheld the tribunal's order issued on December 12, 2013. The tribunal had quashed the reservation quota on the ground that it exceeded 50 per cent limit fixed by the Supreme Court.

In 2008, the Naveen Patnaik government had fixed the quota for socially and educationally backward classes in government jobs at 27 per cent. Subsequently, it came up with Orissa Reservation of Posts and Services (for Socially and Educationally Backward Classes) Act, giving a stamp of legal approval to the reservation quota.

But with the introduction of reservation quota of 27 per cent for the socially and educationally backward classes, the total quota increased to 65.75 per cent in government jobs in the state.

Earlier, 16.25 per cent and 22.5 per cent government jobs were earmarked for the scheduled tribes and the scheduled castes.

However, after the tribunal had held the 65.75 per cent "illegal", the state government had reduced the quota from 27 per cent to 11.25 per cent, to keep the total quota within 50 percent limit.

With the high court quashing the act, there are apprehensions about the fate of the quota for this category.