SC refuses to stay Patna HC decision striking down hike in quota in Bihar

New Delhi, July 29: The Supreme Court on Monday refused to stay the Patna High Court's decision striking down the law introduced to enhance reservation from 50 per cent to 65 per cent for Backward Classes, Extremely Backward Classes, Scheduled Castes (SCs), and Scheduled Tribes (STs) in Bihar.

Refusing to pass any interim relief, a Bench presided over by CJI Chandrachud agreed to examine the state government’s plea seeking restoration of the quota hike, which was applicable in jobs and educational institutions in Bihar.

The matter is listed for final hearing in September, 2024.

In a major blow to the state government, the Patna High Court, in its June 20 judgment, nullified amendments passed by the Bihar Assembly in 2023, saying that they violated the equality clause under Articles 14, 15, and 16 of the Constitution.

The quota was raised by the Bihar government after it carried out a caste survey in the state.

In a notification issued in November 2023, it sought to amend the existing reservation laws.

Several petitions were filed in the Patna High Court challenging the decision of the Nitish Kumar government.

The pleas contended that as per the law laid down by the Supreme Court judgments, reservation can't extend beyond 50 per cent.

The impugned law would have brought the quota to a total of 75 per cent in the state, which included 20 per cent for SCs, 2 per cent for STs, 25 per cent for Extremely Backward Classes, 18 per cent for Other Backward Classes (OBC) and 10 per cent for Economically Backward Classes.