On Thursday, the Patna High Court annulled the Bihar governments notification to increase the quota for backward classes, scheduled castes, and scheduled tribes from 50% to 65% in government jobs and higher educational institutions. The ruling came from a division bench led by Chief Justice K. Vinod Chandran, responding to a series of writ petitions that challenged the constitutional validity of the legislation enacted by the Nitish Kumar government in November 2023.The Bihar government had issued a gazette notification for two reservation bills—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. These bills aimed to increase the quota from the existing 50% to 65%, which, when combined with the 10% reservation for economically weaker sections (EWS), would have brought the total reservation to 75%.Rationale Behind the IncreaseThe government based its decision on the findings of a caste survey conducted in the state. The survey results indicated a significant need for enhanced promotion of backward classes, scheduled castes, and scheduled tribes to achieve the constitutional goal of equality in opportunity and status. According to the gazette notification, the revised quotas were set at 20% for Scheduled Castes (SC), 2% for Scheduled Tribes (ST), 25% for Extremely Backward Classes (EBC), and 18% for Other Backward Classes (OBC).Petitioners ArgumentsThe petitioners contended that the state government overstepped its legislative powers by increasing the reservation quota. They argued that the amendments violated the Supreme Courts verdict in the case of Indira Sawhney vs. Union of India, which set a maximum reservation ceiling of 50%. The counsel for the petitioners claimed that the quota hike was discriminatory and infringed upon the fundamental rights to equality guaranteed under Articles 14, 15, and 16 of the Constitution.In light of these arguments, the Patna High Court decided to set aside the Bihar governments notification, maintaining the established reservation ceiling of 50%.
