Bihar Government Challenges Patna High Court Verdict on Reservation Quota Enhancement, Files Appeal Before Supreme Court

Author : Apurva Goyal

Posted on : 04,Jul,2024

Bihar Government Challenges Patna High Court Verdict on Reservation Quota Enhancement, Files Appeal Before Supreme Court

Bihar Government Challenges Patna High Court Verdict on Reservation Quota Enhancement, Files Appeal Before Supreme Court

In response to a Patna High Court ruling that declared the state's decision to raise reservations for Backward Classes, Extremely Backward Classes, and Scheduled Castes and Scheduled Tribes (SC/STs) in public employment and educational admissions from 50% to 65% invalid, the Bihar government has filed an appeal with the Supreme Court.
In a decision rendered on June 20, the Patna High Court struck down the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, as well as the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023. The division bench of Chief Justice K Vinod Chandran and Justice Harish Kumar delivered the decision. Citing violations of the equality clause under Articles 14, 15 and 16 of the Constitution the court declared that these amendments were unlawful.

 These modifications were passed by the Bihar legislature in 2023 in response to data indicating the lower proportional presence of SC/ST and other backward groups in government services. The open merit category was reduced to 35% when the reserve quota for these groups was raised to 65% by the revisions.
Nonetheless, the High Court concluded that the state's caste survey report showed that merit and pre-existing reservations already provided sufficient representation for underprivileged populations in public employment. The state was advised by the court to review the reservation percentage within the fifty percent range and to stop providing benefits to the "creamy layer."

The Bihar government has appealed this ruling to the Supreme Court in an attempt to restore the higher reservation policy, with counsel Manish Kumar representing them.

India's reservation policy is intended to help historically marginalized communities by giving them access to public jobs and educational opportunities. Important points are as follows:

Related Legal Provision 

 •ARTICLE 14, 15, and 16 guarantee equality before the law and permit special considerations    for the SC/ST and other underprivileged groups.


ARTICLE 335: States that, in order to preserve administrative effectiveness, SC/ST claims     must be considered when making public sector appointments.

“CREAMY LAYER": To guarantee that the really underprivileged are raised up, wealthier      and more educated OBC members are not eligible for reservation benefits.

In public sector jobs and education, the central government sets aside 15% for SC, 7.5% for ST, 27% for OBC and 10% for EWS with state-specific adjustments according to local demography. The current legal debate, exemplified by the Bihar case, emphasizes how India's reservation regulations are dynamic and strike a compromise between equality, representation, and merit.


                                                   

 

 


Quick Contact
Copyright ©2023 Lawvs.com | All Rights Reserved