Blow for Nitish Kumar! Patna HC cancels Bihar government’s 65% increase in reservations in jobs and education

The Patna High Court on Thursday quashed the Bihar government’s notification granting reservations for Backward Classes, Scheduled Castes and Scheduled Tribes from 50% to 65% in government jobs and higher educational institutions in the state.

The court ruled on multiple petitions challenging the constitutionality of the reservation increase, with petitioners arguing that the state increase exceeded legislative authority.

A division bench headed by Chief Justice K Vinod Chandran passed the order on a batch of petitions opposing the legislation filed by the Nitish Kumar government in November 2023.

“We had submitted that the changes in the reservation laws were against the Constitution. After hearing both sides, the court reserved its judgment in March. Today the final order has come and our petitions have been granted,” said Ritika Rani, one of the counsel appearing for the petitioners. PTI.

Last November, the Bihar government issued gazette notification for two reservation laws: the Bihar Reservation of Vacancies in Posts and Services (for SC, ST, EBC and OBC) and the Bihar Amendment Act (in admission to educational institutions). , 2023.

These bills aimed to increase the quota from 50% to 65%. Thus, the overall reservation rate in the state would have reached 75%, including the additional 10% for the Economically Weaker Sections (EWS).

Following the results of the state caste survey, the government has increased the quota for Scheduled Castes (SC) to 20%, Scheduled Tribes (ST) to 2%, Extremely Backward Classes (EBC) to 25% and Other Backward Classes ( OBC) up to 18%.

However, the petitions argued that the reserve increase exceeded legislative powers. “…quota increase was also discriminatory in nature and contrary to the fundamental rights to equality as guaranteed to citizens by Articles 14, 15 and 16,” they had said.

“The amendments are contrary to the Supreme Court judgment delivered in the case of Indira Sawhney versus Union of India, which laid down a maximum ceiling of 50%,” the petitioners had said.