On Monday, the Supreme Court declined to stay the Patna High Court's decision that overturned the increase in reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes (SC/STs) in Bihar from 50 percent to 65 percent in public employment and educational institutions [State of Bihar and anr v Gaurav Kumar and Anr]. Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, scheduled the case for final hearing in September but decided against granting any interim relief.
"We will list in September. No interim relief [at this stage]," CJI Chandrachud said.
The Supreme Court was reviewing an appeal by the Bihar government challenging the High Court's decision. On June 20, the High Court had annulled the law following petitions that claimed the quota increase breached citizens' right to equal opportunity in employment and education. The High Court invalidated both the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023 and The Bihar (Admission in Educational Institutions) Reservation (Amendment) Act, 2023, ruling them as unconstitutional and in violation of the equality provisions under Articles 14, 15, and 16 of the Constitution.
In 2023, the Bihar State legislature revised the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Act, 1991, following data indicating that SC/ST and other backward classes were still underrepresented in government jobs. The amendment increased the reservation for these categories to 65 percent, thereby reducing the space for the open merit category to 35 percent.
The High Court, in its ruling, noted that the caste survey report used by the State itself showed that backward communities were sufficiently represented in public employment through both reservation and merit.
The High Court also advised the State to reconsider the reservation percentage within the 50 percent limit and to exclude the 'creamy layer' from the benefits. This recommendation prompted the appeal to the Supreme Court.
Senior Advocate Shyam Divan, representing the State of Bihar, requested the Supreme Court to stay the High Court's ruling. However, the Supreme Court declined to grant such a stay.
"Please issue notice on interim relief then," Divan submitted in the alternative.
"We will grant leave and list for final hearing," the Court said.
The Bihar government's appeal to the top court has been filed by advocate Manish Kumar, the standing counsel for the State. Advocate Shivam Singh has been appointed today as the nodal counsel for the private parties.
TAGS: Supreme Court Patna High Court Reservation Appeal OBC SC ST
