Patna High Court strikes down Bihar's quota hike from 65 pc to 50 pc

The Patna High Court on Thursday (June 20) struck down the increase in reservations, implemented in Bihar last year, when quotas were raised from 50 to 65 per cent for Backward Classes, Scheduled Castes and Scheduled Tribes in government jobs and educational institutions.

A Division Bench headed by Chief Justice K Vinod Chandran passed the order on a bunch of petitions that opposed the pieces of legislation brought by the Nitish Kumar government in November 2023.

Two Acts set aside

The High Court set aside the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023 and the Bihar (Educational Institutions) Reservation (Amendment) Act, 2023. It held the increased reservation provided through the two laws as being violative of Articles 14, 15 and 16 of the Constitution.

Ritika Rani, one of the counsels appearing for the petitioners, said: "We had submitted that the amendments to the reservation laws were violative of the Constitution".

Responding to the turn of events, RJD spokesperson Manoj Jha said the High Court's order is unfortunate and will widen the gap of social inequity.

His party is prepared to struggle for increased reservation for as long as it takes, just like Tamil Nadu, which had to fight a long legal battle for breaking the reservation ceiling, said Jha.

Veiled attack

In a veiled reference to the BJP, which has been opposed to increased reservation for OBCs, Dalits and tribals, Jha also questioned the "people behind the petitioners" in the case and said the background of the petitioners in the case needs to be looked into.

He further urged Bihar Chief Minister Nitish Kumar to challenge the High Court order in the Supreme Court, adding that his party JD(U), which is part of the ruling NDA coalition at the Centre, must exert pressure on the Narendra Modi government on the issue and have the increased reservation enlisted under the Constitution's Ninth Schedule.