SC Refuses To Stay Patna High Court Order Scrapping 65 % Caste-Based Reservation. Next hearing in September this year.

July 29, 2024 12:51 PM.

The Supreme Court has refused to stay the Patna High Court order, scrapping the 65 percent caste-based reservation in jobs and admissions in Bihar. It also issued notice on the appeals filed by the Bihar government and agreed to hear them in September.

Last month, the Patna High Court annulled the Bihar government’s notification raising reservations for backward classes, scheduled castes, and scheduled tribes from 50 percent to 65 percent in government jobs and higher educational institutions in the state.

Further, Supreme Court has listed the matter in September for hearing Bihar Government’s plea challenging Patna High Court order.

Earlier on June 20 this year, the Patna High Court had scrapped 65 per cent reservation and 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 clause under Articles 14, 15 and 16.

In November 2023, the Nitish Kumar-led Bihar government issued gazette notifications for increasing the jobs quota from 50 per cent to 65 per cent.

Following the caste survey, the government tabled an analysis of it in the assembly. Then, it passed two bills – Bihar Reservation of Vacancies in Posts and Services Amendment Bill and the Bihar Reservation (Admission In Educational Institutions) Amendment Bill – to increase the quota.

It is worth mentioning that OBCs and EBCs comprised 63 per cent of the state’s total population while SCs and STs, taken together, accounted for more than 21 per cent, according to the survey.