Bihar: Patna High Court Sets Aside Amendments To Increase Reservation Quota From 50-65%

Bihar: Patna High Court Sets Aside Amendments To Increase Reservation Quota From 50-65%

The development is viewed as a major setback to the RJD-led grand alliance ahead of Bihar assembly election

Dheeraj KumarUpdated: Thursday, June 20, 2024, 01:20 PM IST
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High Court of Patna, Bihar | Image credit: LiveLaw

Patna: In a major setback to the RJD-led grand alliance ahead of Bihar assembly election, the Patna High on Thursday set aside amendments passed by the Bihar legislature in 2023 to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) from 50 percent to 65 percent.

A division bench of Chief Justice K Vinod Chandran and Justice Harish Kumar passed the ruling on  a batch of petitions that had challenged the enactments as violative of equal opportunity for citizens in matters of employment and education.

The Court set aside the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023 and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023 as ultra vires the constitution and violative of equality clause under Articles 14, 15 and 16 of the Constitution.

Amendments made in 2023

The legislature had in 2023 amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 after taking note of the data that revealed that members of SC/ST and other backward classes were still comparatively less in proportion in government service.

Under the amended law, reservation quota of extremely backward classes (EBCs) was increased to 25 percent, scheduled castes to 20 percent, backward classes to 18 percent, scheduled tribes to two percent.

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