The Supreme Court on Monday refused to stay the Patna High Court order, which set aside the State government’s amendments to Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023, increasing reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes and the Scheduled Tribes in jobs and educational institutions from the existing 50 per cent to 65 per cent.
Refusing to stay the High Court order, a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra posted the matter for detailed hearing in September.
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Appearing for the Bihar Government, Senior Advocate Shyam Divan urged the court to stay the High Court decision and mentioned a similar case of Chhattisgarh whereby the top court had stayed the order of the concerned High Court in the matter. However, the bench was not persuaded to put on hold the High Court order setting aside the increase in the reservation.
Senior Advocate Aparajita Singh appeared for the respondent Youth for Equality. Senior advocate V Eswaraiah represented the All-India Backward Classes Federation in the hearing.
Patna High Court in June had set aside the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023 as ultra vires and violative of the equality clauses under Articles 14, 15 and 16.
The Bihar legislature had in 2023 amended both Acts and increased the reservation from 50 per cent to 65 per cent in jobs and higher educational institutions.
Based on the findings of the caste survey in the state, the state government increased the quota for SC to 20 per cent, Scheduled Tribes to two per cent, Extremely Backward Classes to 25 per cent, and Backward Class to 18 per cent.
Notably, at that time Nitish Kumar’s Janata Dal-United was a part of the Mahagathbandhan, comprising Rashtriya Janata Dal and the Congress party.
