Patna High Court Strikes Down Bihar Government’s 65% Reservation Policy
Chirag Gupta
Patna: The Patna High Court on Thursday set aside the decision of the Bihar government to increase the reservation limit to 65%. The state government had decided to increase the reservation of SC-ST, OBC, and EBC from 50 percent to 65 percent in educational institutions and government jobs. It was challenged in the High Court.
In Patna High Court, Chief Justice K V Chandran’s bench had reserved the decision after completing the hearing on the petitions of Gaurav Kumar and others on March 11.
The petitioner had argued that reservations should be based on the backwardness of these categories in social and educational categories rather than the population. The decision of the Bihar government is a violation of Article 16(1) and Article 15(1) of the Constitution.
Article 16(1) provides equal opportunity to all citizens in matters relating to employment or appointment to any office under the state. Article 15 (1) prohibits any kind of discrimination.
After the report of the caste survey was made public, the government increased the scope of reservation to 65 percent for OBC, EBC, Dalits, and STs. In this, the quota was increased to 75 percent by including a 10 percent reservation given to economically backward upper castes in government jobs and higher educational institutions in Bihar.
According to the caste survey, the highest population in Bihar is of the backward and extremely backward classes. According to the report, 27.12% of the population in the state is of the backward class, and 36% of the population is of the extremely backward class. If both are added, their corresponding ratio increases to 63%.
CM Nitish had announced in November 2023 that the government would increase the scope of reservation in Bihar as per the findings of the caste survey, raising the total reservation from 60 percent to 75 percent.
A cabinet meeting was called immediately after the Chief Minister’s announcement. Within two and a half hours, the cabinet had approved the proposal. After this, it was also passed by both houses of the Bihar Legislature on November 9, the fourth day of the winter session.
On December 1, 2023, the High Court refused to stay the reservation. During the hearing on the petition challenging the New Reservation Bill in the Patna High Court, the Chief Justice’s bench asked the state government to respond by January 12. The bench rejected the petitioner’s demand for a stay.
The petitioner had termed the new reservation bill unconstitutional and demanded a ban on it. While hearing the Chief Justice say that this bill cannot be stayed at present,. The court had ordered the Bihar government to file a reply to present its side. After this, the court said that it would give its decision.
The petitioner said that this is a violation of the right to equality, because the state government conducted a caste-based survey and increased the scope of reservation on this basis, whereas it should have been increased on a social and educational basis.
