THE JHARKHAND STORY DESK
Patna, June 20: The Patna High Court on Thursday struck down the increase in reservations introduced in Bihar last year, which raised quotas from 50 to 65 per cent for Dalits, backward classes, and tribals in government jobs and educational institutions.
A Division Bench led by Chief Justice K Vinod Chandran issued the order on several petitions challenging the legislations enacted by the Nitish Kumar government in November 2023.
A division bench consisting of Chief Justice K Vinod Chandran and Justice Harish Kumar invalidated the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023. They declared these amendments as ultra vires and in violation of the equality clauses under Articles 14, 15, and 16 of the Constitution.
In 2023, the Bihar legislature amended both Acts to increase the reservation from 50 per cent to 65 per cent in jobs and higher educational institutions.
The state government increased the quota based on the findings of the caste survey, raising the reservation for Scheduled Castes to 20 per cent, Scheduled Tribes to 2 per cent, Extremely Backward Classes to 25 per cent, and Backward Classes to 18 per cent.
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Including the 10 per cent quota specifically allocated for economically weaker sections (EWS) among the upper castes, Bihar has a reservation of 75 per cent.
On November 21 last year, the Nitish Kumar government formally increased the reservation quota for disadvantaged castes from 50 to 65 per cent in state government jobs and educational institutions through official gazette notifications.
During that period, Nitish Kumar’s Janata Dal-United was notably a member of the Mahagathbandhan alliance, which included the Rashtriya Janata Dal and the Congress party.
Counsel Ritika Rani, speaking on behalf of the petitioners, asserted that they had argued the amendments to the reservation laws violated the Constitution.
She further stated that following hearings from both sides, the court had reserved its judgment in March and today it issued its final decision, granting the petitions.
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