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Home Law

Patna High Court scraps 65 percent reservation for backward classes in Bihar

In a severe setback for the Bihar government, the Patna High Court on Thursday reversed its order to increase reservations for backward classes, scheduled castes, and scheduled tribes from 50% to 65%.

Prashant Bhardwaj by Prashant Bhardwaj
20 June 2024
in Law, National
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Patna High Court

Patna High Court

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Setback for Nitish government; Patna High Court scraps 65% reservation for backward classes

In a severe setback for the Bihar government, the Patna High Court on Thursday reversed its order to increase reservations for backward classes, scheduled castes, and scheduled tribes from 50% to 65%. Following the release of the caste-based survey data, the Nitish Kumar government increased quotas for the underprivileged classes in government posts and educational institutions in November 2017.

A division bench led by Chief Justice K Vinod Chandran overturned the changes enacted by the Bihar Assembly in 2023, claiming that they go beyond the scope of the constitution and violate the equality principle in Articles 14, 15, and 16.

The bench was hearing a series of petitions contesting the state government’s decision to grant backward classes 65% reservation.

Gaurav Kumar and others filed the petition.

Also read: Supreme Court to hear fresh petitions regarding NEET-UG 2024 exam cancellation today

RJD calls the verdict ‘unfortunate’

RJD leader Manoj Jha called the Patna High Court’s verdict “unfortunate,” adding, “I would like to say that we should see the petitioner’s social background.” Who are the folks attempting to accomplish this from behind the scenes? “We would urge Nitish Kumar to challenge this decision in the upper court as soon as possible,” according to PTI.

Reservation Amendment Bill was passed in November 2023

Earlier in November 2023, the Bihar Assembly approved the Reservation Amendment Bill. The law was passed by the state assembly without Chief Minister Nitish Kumar’s attendance.

The modified reserve quota allocated 20 percent to Scheduled Castes, 2 percent to Scheduled Tribes, and 43 percent to Other Backward Classes and Extremely Backward Classes. Combined with the 10% EWS quota, the law increased the state’s total reservation to 75%, substantially beyond the Supreme Court’s 50% ceiling.

The decision limited the space for those coming from the open merit category to 25 percent.

Also read: ‘Hamare Baarah’ movie allowed to release after deletion of objectionable scenes

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