Blow to Nitish Kumar! Patna HC annuls Bihar govt’s 65% reservation hike

The Patna High Court on Thursday annulled the Bihar government‘s notification raising reservations for backward classes, scheduled castes, and scheduled tribes from 50% to 65% in government jobs and higher educational institutions in the state.

The court ruled on multiple petitions challenging the constitutionality of the reservation increase, with petitioners arguing that the state’s hike exceeded its legislative authority.

Last November, the Bihar government issued a gazette notification for 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%. Hence, the total reservation in the state would have reached 75%, including the additional 10% for the economically weaker sections (EWS).

Following the results of the state’s caste survey, the government raised the quota for Scheduled Castes (SC) to 20%, Scheduled Tribes (ST) to 2%, Extremely Backward Classes (EBC) to 25%, and Other Backward Classes (OBC) to 18%.

“On analysis of data collected during ‘Caste-based Survey 2022-23, it is apparent that 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,” the notification read, HT reported.

However, the petitions argued that the hike in the reservation was surpassing the legislative powers. “…quota hike was also discriminatory in nature and violative of the fundamental rights to equality as guaranteed to the citizens by Articles 14,15 and 16,” they had said.

“The amendments are violative of the Supreme Court verdict passed in the case of Indira Sawhney versus Union of India whereby a maximum ceiling of 50% was laid down,” the petitioners had said.