The Supreme Court on Friday issued notice on a petition filed by the Rashtriya Janata Dal (RJD) against the Patna High Court order quashing the Bihar law to increase reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) in the State from 50 percent to 65 percent in public employment and educational institutions.
The Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra tagged RJD’s plea with the pending appeal of Bihar government.
Earlier in July this year, the Apex Court had refused to stay the Patna High Court ruling. RJD was not a party before the High Court.
On June 20, the High Court set aside the law after a batch of petitions alleged that the quota hike violated the right to equal opportunity for citizens in matters of employment and education.
The High Court held that reservations could exceed the 50 percent limit set by the Supreme Court earlier only in exceptional cases in respect of far-flung and remote areas.
The Bench quashed the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023.
In 2023, the Bihar State Legislature had passed the law after taking note of data, which revealed that members of SC/ST and other Backward Classes were still comparatively less in proportion in government service. Accordingly, the reservation was increased to 65 percent. The decision reduced the space for those from open merit category to 35 percent.
In its ruling, the High Court said the caste survey report relied upon by the State itself revealed that backward communities were adequately represented in public employment by virtue of reservation and also merit.
The RJD’s appeal has been filed by Advocate G Indira. Advocate Shivam Singh is nodal counsel for the private parties in the matter.