Bihar moves SC against Patna HC order quashing 65 per cent quota

The Bihar government has moved the Supreme Court against the Patna High Court's decision to strike down the law introduced to enhance the reservation from 50 per cent to 65 per cent for Backward Classes, Extremely Backward Classes, Scheduled Castes (SCs), and Scheduled Tribes (STs) in the state.

The quota hike, brought into effect last year, was applicable in jobs and educational institutions in Bihar.

However, in a major blow to the state government, a high court division bench, headed by Chief Justice K. Vinod Chandran, in its 20 June judgment, set aside amendments passed by the Bihar Assembly in 2023, saying that they violated the equality clause under Articles 14, 15, and 16 of the Constitution.

The quota was raised by the Bihar government after it carried out a caste survey in the state. In a notification issued in November 2023, it sought to amend the existing reservation laws.

Several petitions were filed in the Patna High Court challenging the decision of the Nitish Kumar government.

The pleas contended that as per the law laid down by the Supreme Court judgments, the reservation can't extend beyond 50 per cent.

The impugned law would have brought the quota to a total of 75 per cent in the state, which included 20 per cent for SCs, 2 per cent for STs, 25 per cent for Extremely Backward Classes, 18 per cent for Other Backward Classes (OBC) and 10 per cent for Economically Backward Classes.