New Delhi: The Bihar government has moved the Supreme Court against the Patna high court’s verdict setting aside the quota increase for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Extremely Backward Classes from 50 to 65% in educational institutions and public employment.
On June 20 this year, the high court set aside the Bihar government’s decision, taken in November 2023. Back then, Bihar chief minister Nitish Kumar was a part of the Indian National Developmental Inclusive Alliance (INDIA) opposition bloc. Since then, he has jumped ship to join the National Democratic Alliance, led by the Bharatiya Janata Party.
The bold decision contravenes the Supreme Court’s 50% ceiling on reservations. The Bihar government had said that the findings of the historic caste survey in the state had led it to conclude that 65% of Bihar’s population belonged to these four marginalised groups, which were not represented well in higher education and government jobs.
Following a legal challenge to this decision, a division bench of Chief Justice K.V. Chandran heard the matter and pronounced the quota hike as one that went against Articles 14, 15 and 16 of the constitution.
Also read: Here’s What the Patna HC’s Decision on Reservation Means for Bihar and Indian Politics
A report by Deccan Herald notes that in its petition, the Nitish Kumar government questioned the validity of the high court’s view that the quota hike had violated the right to equal opportunity for citizens in matters of employment and education.
“The State of Bihar is the only state which carried out the exercise [the caste survey] and published its caste survey report on socio-economic and educational conditions of entire population. The state has complied with the binding decisions of this Court and then amended the Reservation Acts,” the petition said.
The plea claims that the high court has failed to appreciate the true nature and import of Article 16(4) of the Constitution as per the law laid down by the Supreme Court in many cases, including Indra Sawhney (Mandal Commission), Jaishri Laxmanrao Patil (Maratha quota) and others.
It is also the Bihar government’s claim that the high court has gone beyond its legitimate scope of judicial review.
“The judgment further failed to appreciate that it is trite law that the 50% ceiling is not an inviolable rule and may be breached in exceptional circumstances,” the petition adds.
