Patna (TIP)- The Patna high court on Thursday, June 20, struck down Bihar’s decision last year to raise caste-based quotas to 65%, underlining that merit could not be completely sacrificed at the altar of reparations in a verdict that delivered a blow to the state government and will have sweeping political and social ramifications.
Bihar had last year raised the quota for scheduled castes (SCs), scheduled tribes (STs), extremely backward classes (EBCs), and other backward classes (OBCs) in educational institutions and government jobs from 50% to 65% after a caste survey showed that these groups formed roughly 84% of the state’s population.
But the court noted that not only were backward communities adequately represented in public employment, the government had also attempted no in-depth study or analysis before enhancing reservation beyond the limit set by the Supreme Court in the landmark 1992 Indira Sawhney judgment. “We set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 as ultra vires the Constitution and violative of the equality clause under Articles 14, 15, and 16,” held the bench of chief justice K Vinod Chandran and justice Harish Kumar, allowing a bundle of writ petitions that had challenged the 2023 law.
The court said the enhancement of reservations beyond the 50% limit – as set by a nine-judge bench of the Supreme Court in 1992 – was “bad in law” as well as opposed to the principles of equality emanating from the Constitution because the state failed to demonstrate any extenuating circumstance that could enable it to breach the 50% norm.
“The fact remains that backward communities are adequately represented in public employment, by virtue of reservation and also merit; which is an indication of one or other caste or community having reaped the benefits of reservation and the various beneficial welfare schemes implemented by the State; in achieving an element of social capital. There is no requirement for an enhancement of reservations, as adequate representation now exists and there is no valid ground for breach of 50% rule; which in any way is not permissible,” noted the court.
The state government said it will appeal the judgment in the Supreme Court. “The Bihar government will challenge the high court order before the Supreme Court,” said deputy CM Samrat Choudhury.
The Opposition attacked the government. “I am aghast at the judgement. The BJP had been trying to scuttle the caste survey, which provided the basis of hiked quotas. It is no surprise that such a verdict has come within days of the party’s return to power at the Centre,” said Rashtriya Janata Dal leader Tejashwi Yadav.
Source: HT
HC ends 65% quota hike for jobs, colleges in Bihar
