The Patna High Court has nullified the Bihar government’s decision to increase reservation quotas from 50% to 65% in government jobs and educational institutions. The court’s ruling came in response to multiple writ petitions challenging the constitutional validity of the Bihar Reservation of Vacancies in Posts and Services (For SC, ST, EBC, and OBC) Amendment Bill and the Bihar (In Admission In Educational, Institutions) Reservation Amendment Bill, 2023.
The state government’s gazette notification in November 2023 aimed to elevate quotas for Scheduled Castes (SC) to 20%, Scheduled Tribes (ST) to 2%, Extremely Backward Classes (EBC) to 25%, and Other Backward Classes (OBC) to 18%, in addition to 10% for the Economic Weaker Sections (EWS). This move would have raised Bihar’s total reservation to 75%.
Petitioners argued that the increase exceeded the legislative authority of the state government, citing the Supreme Court’s precedent in the Indira Sawhney versus Union of India case, which capped reservations at 50%. They also contended that the hike was discriminatory and violated fundamental rights to equality under Articles 14, 15, and 16 of the Constitution.
The court’s decision marks a significant setback for Chief Minister Nitish Kumar’s administration, which sought to expand opportunities for disadvantaged groups based on the findings of a caste-based survey conducted in the state.
The ruling underscores the ongoing legal and constitutional complexities surrounding reservation policies in India, balancing affirmative action with constitutional limitations on quotas.
