THE JHARKHAND STORY DESK
New Delhi, July 29: The Supreme Court dealt a setback to the Bihar government on Monday by refusing to stay the Patna High Court’s order, which struck down the amended reservation laws by Nitish Kumar’s administration that had increased quotas for Dalits, tribals, and backward classes from 50% to 65%.
However, a bench led by Chief Justice D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, has agreed to hear 10 petitions filed by the Bihar government against the Patna High Court’s decision.
The Supreme Court did not issue notices on the pleas but granted leave for appeal and scheduled the petitions to be heard in September.
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Patna HC invalidated quota amendment on June 20
Senior advocate Shyam Divan, representing the state government, asked the bench to stay the High Court’s order.
He cited a similar case in Chhattisgarh, noting that the Supreme Court had stayed the High Court’s order in that instance.
The Chief Justice stated that while the matter would be listed, no stay on the High Court’s verdict would be granted.
In its June 20 ruling, the Patna High Court declared that the amendments, which had been unanimously approved by the state’s bicameral legislature in November of the previous year, were unconstitutional, legally flawed, and in violation of the equality clause.
A division bench of Patna HC 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.
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