Bihar Reservation News: The Patna High Court has annulled the Bihar government’s decision to increase the reservation quota for SC, ST, EBC, and other backward classes in government jobs from 50% to 65%. The court deemed the decision unlawful and unconstitutional. The bench, led by Chief Justice Vinod Chandran, had reserved its judgment on March 11 after hearing the public interest litigation filed by Gaurav Kumar and others, and delivered its verdict on Thursday.
Violation of Constitutional Provisions
The bench stated that the 75% reservation violated Articles 14 and 16 of the Constitution. The Supreme Court had set a 50% cap on reservations, and the Bihar government’s decision breached this limit. The court indicated that any need to increase the reservation limit should be determined by a constitutional bench. During the hearing, it was highlighted that the new reservation law, passed on November 9, 2023, contained several flaws and was against constitutional provisions.
Basis for the Reservation Decision
It was presented in court that the government’s reservation was based on proportional representation rather than social and educational backwardness. The Bihar government’s decision increased the reservation limit from 50% to 65% for SC, ST, EBC, and other backward classes, leaving only 35% for general category candidates. The court noted that this decision was based on caste surveys rather than adequate representation in government jobs.
Court’s Consideration
The court was informed that the Supreme Court, in the Indira Sawhney case, had restricted the reservation limit to 50%. The matter of caste surveys is still pending in the Supreme Court, where the Bihar government’s decision to increase the reservation quota to 65% has been challenged.
State Government’s Defense
Advocate General PK Shahi defended the state government’s stance, stating that the increased reservation was intended to ensure adequate representation for these classes. He argued that the reservation was not based on proportional representation.
Next Steps for Bihar Government
Deputy Chief Minister Samrat Choudhary announced that the state government would appeal to the Supreme Court against the Patna High Court’s decision. He emphasized their determination to fight for the reservation policy, asserting that no class in Bihar should be without reservation.
Advocate General’s Statement
Advocate General PK Shahi, in a conversation with Prabhat Khabar, mentioned that it is the state government’s prerogative to appeal the decision or take other measures. He stated that if the state seeks his opinion, he will provide it accordingly.
