SC refuses to stay Patna HC order scrapping Bihar government’s quota hike

New Delhi 

The Supreme Court on Monday refused to stay Patna High Court order that set aside the state government’s amendments to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Tribes, and Scheduled Castes in jobs and educational institutions.

A bench led by Chief Justice of India DY Chandrachud listed the matter for September for a detailed hearing. Besides CJI, justices J B Pardiwla and Manoj Misra were also in the bench.

Meanwhile the top court made it clear that it is not staying the Patna High Court decision.

Representing Bihar Government, Senior Advocate Shyam Divan requested the top court to stay the Patna High Court decision and mentioned about a similar case of Chhattisgarh whereby the apex court had stayed the order of the concerned HC in that matter. But the top court did not convince for pausing the Patna High Court decision.

The appeal was filed by the Bihar government through advocate state’s standing counsel Manish Kumar.

Senior Advocate Aparajita Singh represented the respondent Youth for Equality. On behalf of All India Backward Classes Federation, Senior Advocate V Eshwaraia, Advocate Rajan Raj and advocate Mohini Priya appeared in the matter.

Patna High Court in June set aside the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023 as ultra vires and violative of the equality clauses under Articles 14, 15 and 16.

The Bihar legislature had in 2023 amended both Acts and increased the reservation from 50 per cent to 65 per cent in jobs and higher educational institutions.

Based on the findings of the caste survey in the state, the state government increased the quota for SC to 20 per cent, Scheduled Tribes to two per cent, Extremely Backward Classes to 25 per cent, and Backward Class to 18 per cent.

Notably, at that time Nitish Kumar’s Janata Dal-United was part of the Mahagathbandhan, comprising Rashtriya Janata Dal and the Congress party.

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