Patna High Court Upholds Increased Reservation Quota for SC/STs and Backward Classes In a significant judgment, the Patna High Court has rejected a challenge to Bihar’s legislation that increased reservation in government jobs and educational institutions for Scheduled Castes (SCs), Scheduled Tribes (STs), and Backward Classes (BCs) to 65%. The court held that the state government’s move was constitutional and necessary to address historical and social inequalities faced by these marginalized communities. The judgment upholds the Bihar Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Reservation in Services and Admission to Educational Institutions in the State of Bihar) Act, 2019. Background of the Case The challenge to the reservation increase was filed by several individuals and organizations, who argued that it violated the Supreme Court’s ruling in the Indra Sawhney case, which set a cap of 50% on reservations. They claimed that the state government had exceeded this limit and was infringing upon the rights of non-reserved category candidates. Court’s Reasoning The Patna High Court, however, rejected these arguments. It reasoned that the Supreme Court’s cap on reservations was not absolute and could be exceeded in extraordinary circumstances to address exceptional inequalities. The court also noted that the state government had provided empirical data to demonstrate the continued social and economic backwardness of SCs, STs, and BCs in Bihar. Increased Representation By increasing the reservation quota to 65%, the Bihar government aims to ensure that these communities have increased representation in government and education. Currently, SCs and STs have 16% and 1% reservation, respectively, while BCs have 31%. The new quota will increase their representation to 20%, 1% (for Extremely Backward Classes), and 44%, respectively. Significance of the Judgment The Patna High Court’s judgment is a significant victory for marginalized communities in Bihar. It recognizes the historical and ongoing discrimination faced by these groups and the need for affirmative action to address these inequalities. The increased reservation quota will help to create a more inclusive and equitable society by ensuring that SCs, STs, and BCs have fair access to opportunities in government and education.Patna High Court Quashes Bihar’s Increased Reservation AmendmentsPatna High Court Quashes Bihar’s Increased Reservation Amendments
The Patna High Court on Thursday struck down the amendments passed by the Bihar Legislature in 2023 that increased the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes (SC/STs) from 50 percent to 65 percent.
A division bench led by Chief Justice K Vinod Chandran and Justice Harish Kumar held the amendments as violative of the principle of equality of opportunity in employment and education.
The Court held the Bihar Reservation of Vacancies in Posts and Services (Amendment Act), 2023 and The Bihar Reservation (Amendment) Act, 2023 as ultra vires the Constitution and violative of Articles 14, 15, and 16 of the Constitution.
The amendments were passed after the legislature took note of data showing that members of SC/ST and other backward classes were still underrepresented in government service.
Following the amendments, the reservation for the reserved categories increased to 65 percent, leaving only 35 percent for the open merit category.
The reservation percentages for the reserved categories were as follows:
The reservation percentages for admissions to educational institutions were as follows:
Further details are awaited. This story will be updated as they become available.
Patna High Court has quashed the Bihar government’s Extremely Backward Classes (EBC) Act, 2019, and increased the reservation for Scheduled Castes (SCs), Scheduled Tribes (STs), and Backward Classes (BCs) to 65% in government jobs and educational institutions. The court ruled that the EBC Act was unconstitutional and violated the principle of equality enshrined in the Indian Constitution. It observed that the Act was based on “arbitrary and irrational criteria” and did not provide any empirical data to support the inclusion of EBCs in the reservation category. The court also noted that the total reservation for SCs, STs, and BCs had exceeded the 50% cap set by the Supreme Court in the Indra Sawhney case. It directed the state government to reduce the reservation for BCs to 27%, for SCs to 21%, and for STs to 17%. The court’s decision has been welcomed by SC, ST, and BC organizations, who had challenged the EBC Act. However, the state government has expressed its disappointment and said that it will appeal against the order in the Supreme Court. The increased reservation for SCs, STs, and BCs is expected to benefit a large number of students and job seekers from these communities. It is also likely to have a significant impact on the political landscape of Bihar, where caste plays a crucial role in electoral outcomes.
