Bihar Government Challenges Patna High Court Verdict on Reservation Quota in Supreme Court

The Bihar government has approached the Supreme Court, contesting a Patna High Court judgment that nullified the state's decision to increase reservation quotas for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes (SC/STs) from 50% to 65% in public employment and educational institutions. 

The challenge comes after the Patna High Court's ruling on June 20, delivered by a division bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar. The court deemed the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, as ultra vires the Constitution and in violation of the equality clauses under Articles 14, 15, and 16.

The amendments, introduced in 2023, aimed to address the underrepresentation of SC/ST and other backward class members in government services. Consequently, the reservation percentage was raised to 65%, reducing the open merit category quota to 35%.

In its judgment, the High Court cited a caste survey report, indicating that backward communities were already adequately represented in public employment due to existing reservations and merit. The court argued that this reflected the effective reaping of benefits by various castes and communities from the reservation and welfare schemes implemented by the state, suggesting that social equity had been somewhat achieved.

The High Court further recommended that the state maintain the reservation percentage within the 50% limit and consider excluding the 'creamy layer' from the benefits.

Disagreeing with this reasoning, the Bihar government has now moved to the Supreme Court, filing an appeal through advocate Manish Kumar. The state government asserts that the quota hike is crucial for ensuring adequate representation and equal opportunity for historically disadvantaged communities in the employment and education sectors.

The Supreme Court's decision on this appeal will be pivotal in determining the future of reservation policies in Bihar and potentially across other states facing similar issues.

Author: Anushka Taraniya

News writer