Bihar government had filed an appeal in the Supreme Court earlier this month challenging the decision given by the High Court on June 20 this year in the reservation policy matter. Bihar government had passed a law last year granting 65 per cent reservation for SC/ST and OBCs in matters of Public employment and grant of admission to government run institutes.
File photo of the Supreme Court.
New Delhi: The Supreme Court of India has refused to stay the Patna High Court judgment quashing Bihar government’s reservation policy enhancing reservation in the state for Scheduled castes, Scheduled Tribes and Backward classes from 50 percent to 65 percent.
A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra refused to stay the judgement of the High Court and said that they will list the case for final hearing in September this year.
Bihar government had filed an appeal in the Supreme Court earlier this month challenging the decision given by the High Court on June 20 this year in the reservation policy matter.
Bihar government had passed a law last year granting 65 per cent reservation for SC/ST and OBCs in matters of Public employment and grant of admission to government run institutes.
The law passed by the Bihar Legislature on the basis of a caste survey conducted by the state government.
The report had found that majority of the population, almost 85 per cent in the state belong to members of the SC, ST and marginalised and backward communities.
The law was subsequently challenged in the Patna High Court which held that the decision of the Bihar government was in violation of law laid down by a bench of 9 judges of the Supreme Court of India in the Indira Sawhney case.
In the Indira Sawhney case the supreme court had capped reservation to 50 per cent.
The Patna High Court had not just quashed the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 but also held that the law was prolative of articles 14, 15 and 16 of the constitution of India.
The court in its judgment had also advised the Bihar government to keep the reservation policy within the limits of 50 per cent also look for a way to exclude the creamy lawyer with the groups, who have already benefited from the reservation policy in the past.
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