PATNA HIGH COURT CANCELLED THE 65% RESERVATION QUOTA OF SCs/STs and EBCs

By – Yuvraj Pandey

INTRODUCTION:

The Patna High Court on Thursday canceled the amendment of reservation for Scheduled Caste, Scheduled Tribes, and Extremely Backward Classes from 50% to 65% passed by the Legislature of Bihar in 2023.
A bench of Chief Justice K Vinod Chandran and Justice Harish Kumar delivered the judgment on the filed petition that had challenged the amendment as violative of equal opportunity for citizens in matters of employment and education.

JUDGEMENT:

The Court set aside:
The Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023
The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023
Citing them as ultra vires to the constitution and violative of the concept of equality as stated in Articles 14, 15, and 16 of the Constitution of India.

BACKGROUND:

The legislature of Bihar in 2023 had amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 after taking into account the data that showed the members of SC/ST and other backward classes were given less proportion of representation in government services of Bihar.
The reservation for the reserved category was increased to 65 percent. The decision reduced the space for those from the open merit category to 35 percent.