In a significant setback for Bihar Chief Minister Nitish Kumar and the BJP, the Supreme Court on Monday (July 29) refused to stay the Patna High Court's decision to scrap the state government's move to increase the reservation quota for backward classes from 50% to 65%. The Supreme Court has listed the matter for hearing in September, when it will address the Bihar Government's plea challenging the High Court's order.

High Court Ruling on Reservation Quota

The Patna High Court had invalidated the Bihar government's amendment Acts of 2023, which aimed to raise reservation quotas from 50% to 65% for Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and Economically Backward Classes (EBCs). The proposed adjustments included allocations of 20% for SCs, 2% for STs, 25% for EBCs, and 18% for OBCs.

The Nitish Kumar government's decision to hike the reservation in Bihar to 65% was challenged by Gaurav Kumar in the Patna High Court. The petitioner argued that according to the Supreme Court’s judgment, the reservation cannot exceed 50%. In an 87-page order dated June 20, the High Court declared these amendments unconstitutional, stating they violated the fundamental Right to Equality. The court ruled that The Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, violated Articles 14, 15, and 16 of the Constitution.

Also Read : Tragic Blast in North Kashmir Claims Four Lives 

Background of the Reservation Quota Increase

The Bihar government's amendments followed a caste survey, which indicated that the percentage of OBCs and EBCs constituted 63% of the state's total population, while SCs and STs accounted for more than 21%. This survey was conducted after the Centre expressed its inability to carry out a fresh headcount of castes other than SCs and STs, which was last conducted as part of the 1931 Census.

Government's Reaction to High Court Verdict

Deputy Chief Minister Samrat Choudhary responded to the High Court's decision on June 20, stating that the government would seek "justice" for the people of Bihar, where the reservation for backward communities "must increase." Choudhary vowed to approach the Supreme Court on the matter. He said, "In Bihar, the reservation of backward communities, Dalits, and tribals must increase... therefore, the Bihar government will go to the Supreme Court and will give justice to the people of Bihar."

Choudhary also criticized Tejashwi Yadav, pointing out that his father, Lalu Prasad Yadav, did not provide reservation to a single person and labeled him as "anti-reservation" and a supporter of crime and hooliganism.

Conclusion

The Supreme Court's refusal to stay the Patna High Court's decision has put the Bihar government's reservation policy in a state of uncertainty. With the next hearing scheduled for September, the state government hopes to overturn the High Court's ruling and reinstate the increased reservation quotas for backward classes in public employment and educational institutions. The outcome of this legal battle will have significant implications for the socio-political landscape of Bihar.

Join our Trading with CA Abhay Telegram Channel for regular Stock Market Trading and Investment Calls by CA Abhay Varn - SEBI Registered Research Analyst & Finance Saathi Telegram Channel for Regular Share Market, News & IPO Updates

Start your Stock Market Journey and Apply in IPO by Opening Free Demat Account in Choice Broking FinX & Upstox.