Setback to Nitish Kumar as Patna HC scraps Bihar govt’s quota hike to 65% in jobs, education.

The Patna high court on Thursday set aside the Bihar government’s notification increasing quota for backward classes, scheduled castes and scheduled tribes from 50% to 65% in government jobs and higher educational institutions in the state. A division bench headed by Chief Justice K Vinod Chandran passed the order on a batch of writ petitions challenging the constitutional validity of the legislations brought by the Nitish Kumar government in November 2023.

The Bihar government had issued the gazette notification for the two reservation bills – 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 – paving the way for increase in quota from the existing 50% to 65%. With this, total reservation in the state would have reached 75% after adding 10% to the economic and weaker sections (EWS).

A division bench led by Chief Justice K Vinod Chandran cited the amendment as a violation of the Constitution and the right to equality.

The amendment was done by the state government in 2023 based on the caste survey conducted in the state.

The new quota regime would have provided reservations for 43 percent of Other Backward Classes and Extremely Backward Classes, 20 percent of SCs and 2 percent for STs.

“We had submitted that the amendments to the reservation laws were violative of the Constitution. After hearing both sides, the court had reserved its judgement in March. Today the final order has come and our petitions have been allowed,” Ritika Rani, one of the counsels appearing for the petitioners told PTI.

Last November, 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).

“On analysis of data collected during ‘Caste based Survey 2022-23, it is apparent that large section of backward classes, schedule caste and schedule tribe need to be promoted for them to catch up to satisfy cherished aim in the Constitution of equality in opportunity and status,” the gazette notification stated.

“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 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,” the petitioners’ counsel had submitted.

In this case, after completing the hearing on the petitions filed by Gaurav Kumar and others, the decision was reserved on March 11, 2024, which was pronounced on Thursday. A Division Bench of Chief Justice K.V. Chandran had a long hearing on the petitions of Gaurav Kumar and others.

Advocate General P.K. Shahi argued on behalf of the State Government. He had told the court that the State Government had given this reservation due to a lack of adequate representation of these classes. The State Government had not given this reservation on a proportionate basis. In these petitions, the law passed by the State Government on November 9, 2023, was challenged. In this, 65% reservation was given to SC, ST, EBC and OBC, while only 35% of posts could be given to general category candidates in government service.

Advocate Dinu Kumar had told the court in previous hearings that cancelling 10% reservation for EWS (Economically Weaker Sections) in the general category is against Section 14 and Section 15(6)(b) of the Indian Constitution.

Mr Dinu had said after the caste survey, this decision of reservation was taken on the basis of the proportion of castes, and not on the basis of adequate representation in government jobs. He had argued that the Supreme Court had imposed a restriction of 50% on the limit of reservation in the Indira Sawhney case. The case of caste survey is currently pending for hearing in the Supreme Court.

In this, the decision of the State Government was challenged in the Supreme Court on the basis that the State Government had increased the limit of reservation in government jobs from 50% to 65%.