Patna High Court strikes down 65% reservation for EBC’s BC, SC & ST
In a significant setback for the Bihar government, the Patna High Court invalidated its decision to increase reservations for backward classes, scheduled castes, and scheduled tribes from 50 to 65 percent. Following a caste-based survey report, the Nitish Kumar administration had elevated the quota for these disadvantaged groups in government jobs and educational institutions in November last year.
A division bench headed by Chief Justice K Vinod Chandran nullified the amendments passed by the Bihar Assembly in 2023, stating that they exceed constitutional authority and infringe upon the equality clause under Articles 14, 15, and 16 of the Constitution. The petition was filed by Gaurav Kumar and others.
RJD leader Manoj Jha described the Patna High Court’s decision as “unfortunate,” and expressed concern about the social background of the petitioner. He questioned the motives of those behind the scenes and urged Nitish Kumar to challenge the ruling in a higher court, according to a report by news agency PTI.
In November 2023, the Bihar Assembly passed the Reservation Amendment Bill, which was approved without the presence of Chief Minister Nitish Kumar. The amended reservation quota allocated 20 percent for Scheduled Castes, 2 percent for Scheduled Tribes, and 43 percent for Other Backward Classes and Extremely Backward Classes. Including the 10 percent quota for EWS, the total reservation in the state increased to 75 percent, exceeding the 50 percent limit set by the Supreme Court.
As a result, the space for those in the open merit category was reduced to 25 percent.