Supreme Court refuses to stay Patna HC order scrapping 65% caste-based quota in Bihar

The Supreme Court of India refused to stay the Patna High Court order, scrapping the 65% 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% to 65% in government jobs and higher educational institutions in the state.

The court ruled on multiple petitions challenging the constitutionality of the reservation increase, with petitioners arguing that the state's hike exceeded its legislative authority.

In November 2023, the Bihar government 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 50% to 65%. Hence, the total reservation in the state would have reached 75%, including the additional 10% for the economically weaker sections (EWS).

Following the results of the state's caste survey, the government raised the quota for Scheduled Castes (SC) to 20%, Scheduled Tribes (ST) to 2%, Extremely Backward Classes (EBC) to 25%, and Other Backward Classes (OBC) to 18%.

However, the petitions argued that the hike in the reservation was surpassing the legislative powers. “…quota hike was also discriminatory in nature and violative of the fundamental rights to equality as guaranteed to the citizens by Articles 14,15 and 16,” they had said.

“The amendments are violative of the Supreme Court verdict passed in the case of Indira Sawhney versus Union of India whereby a maximum ceiling of 50% was laid down,” the petitioners had said.