The Patna High Court delivered a significant ruling on Thursday, annulling the Bihar government’s notification that had increased the reservation quota for backward classes, scheduled castes, and scheduled tribes. The notification aimed to raise the reservation from 50% to 65% in government jobs and higher educational institutions within the state.
This decision came after the court considered multiple petitions challenging the constitutionality of the reservation hike. Petitioners argued that the state’s increase exceeded its legislative authority, according to Hindustan Times.
The controversy began last November when the Bihar government issued a gazette notification outlining 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 50% to 65%, potentially pushing the total reservation in the state to 75% when combined with the existing 10% reservation for the economically weaker sections (EWS).
The government justified the increase by citing the results of the state’s caste survey. They argued that the data revealed a need to promote a large section of backward classes, scheduled castes, and scheduled tribes to achieve equality of opportunity and status as enshrined in the Constitution. The notification, as quoted by HT, stated: “On analysis of data collected during ‘Caste based Survey 2022-23, it is apparent that a large section of backward classes, schedule caste and schedule tribe need to be promoted for them to catch up to satisfy cherished aim in the Constitution of equality in opportunity and status.”
However, the petitions countered these arguments, asserting that the reservation hike was not only beyond legislative powers but also discriminatory in nature. They argued that the increase violated the fundamental rights to equality guaranteed to citizens by Articles 14, 15, and 16 of the Indian Constitution.
The Patna High Court’s decision to strike down the Bihar government’s notification will likely have significant implications for the state’s reservation policies and the ongoing debate on affirmative action in India. Further developments and reactions to the court’s ruling are anticipated.
