Supreme Court agrees to examine Bihar‘s appeal against Patna HC order quashing 65% quota
The apex court court however did not grant any interim relief.
The Supreme Court on Monday, July 29, 2024 agreed to examine Bihar’s appeal against a Patna High Court decision to set aside State amendments hiking reservation from 50% to 65%.
The Bench comprising Chief Justice D.Y. Chandrachud and justices J.B. Pardiwla and Manoj Misra, agreed to hear as many as 10 petitions of the Bihar government against the Patna HC verdict.
The apex court court however did not grant any interim relief.
“We will list the matter, but we will not grant any stay (on the HC verdict),” CJI said.
Also read: Reservation within Constitutional bounds
Earlier, on July 2, theBihar government moved the Supreme Court, challenging the Patna High Court’s directive to ‘set aside’ the increase in the State’s reservation for disadvantaged communities, from the existing 50% to 65%. This is the quota for Scheduled Castes (SCs), Scheduled Tribes (STs), extremely backward classes (EBCs), and other backward classes (OBCs) in government jobs and educational institutions.
Following the release of a caste-based survey report in 2022, the Bihar government headed by Chief Minister Nitish Kumar had decided to increase the quota for OBCs, EBCs, SCs, and STs from 50% to 65%. Along with the 10% quota for Economically Weaker Sections (EWS), the total reservation in Bihar rose to 75% once the legislation to effect the quota hike was unanimously by the Bihar Legislative Assembly in November 2023.
Immediately afterwards, Public Interest Litigation (PIL) petitions were filed in the Patna High Court challenging the quota hike as a “violation of the right to equal opportunity for citizens in matters of employment and education”.
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