The Patna High Court overturned the Bihar government’s notification that raised the reservation quota from 50% to 65% for backward classes, scheduled castes, and scheduled tribes in government jobs and higher educational institutions in the state. The court made its decision on a group of writ petitions that questioned the legality of the move.
In November 2023, the Bihar government issued a gazette notification for two reservation bills: the Bihar Reservation of Vacancies in Posts and Services (For SC, ST, EBC, and OBC) Amendment Bill and the Bihar (In Admission In Educational Institutions) Reservation Amendment Bill, 2023. These bills aimed to increase the quota from the current 50% to 65%. Including an additional 10% for the economic and weaker sections (EWS), the total reservation in the state would have reached 75%.
Based on the findings of the caste survey in the state, the government increased the quota as follows: Scheduled Caste (SC) to 20%, Scheduled Tribe (ST) to 2%, Extremely Backward Classes (EBC) to 25%, and Other Backward Classes (OBC) to 18%.
The gazette notification stated, ‘On analysis of data collected during the ‘Caste-based Survey 2022-23,’ it is apparent that a large section of backward classes, Scheduled Castes, and Scheduled Tribes need to be promoted for them to catch up to satisfy the cherished aim in the Constitution of equality in opportunity and status.’
The petitioners argued that the state government’s increase in reservation was beyond its legislative powers. “The amendments are violative of the Supreme Court verdict passed in the case of Indira Sawhney versus Union of India, whereby a maximum ceiling of 50% was laid down. The quota hike was also discriminatory in nature and violative of the fundamental rights to equality as guaranteed to the citizens by Articles 14, 15, and 16,” the petitioners’ counsel had submitted.
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