Patna High Court canceled the reservation given by the Bihar government

Patna High Court canceled the 65% reservation given by the Bihar government

Patna June 20: Patna High Court has canceled the reservation of 65% given by the Bihar government.

A petition in this regard filed by Gaurav  Kumar and others in the Patna High Court challenging the decision of the Nitish Kumar government.

The single bench of Chief Justice KV Chandran pronounced the verdict in favor of Gaurav Kumar and others.

While referring to the judgment of the Supreme Court which said that reservation cannot be given more than 50%. The petitioner had made this point during the last hearing held on March 11, 2024, but the court had reserved its decision. Today, it has given the decision in his favor.

The court said that the reservation enhanced on the basis of the caste-based survey from 50% to 65% is unconstitutional because it violates articles 14, 15 and 16 of the Indian constitution.   

The Nitish Kumar led Grand Alliance government of Bihar has increased the reservation of OBC, EBC, SC and ST from 50% to 65% and also given 10% reservation to EWS people of general caste on November 9, 2023. It had taken the decision on the basis of the caste-based survey report.

People coming under EBC had 18% reservations in the past. After the caste-based survey, the Bihar government has enhanced the reservation to 25%. Similarly, the OBC category with 12% reservation and Bihar government enhanced 6% more to reach 18%. SC had 16% reservation in the past and after the enhancement, it reached 20%, ST had 1% reservation and the state government gave 1% more in Bihar.

Bihar was not the only state to have 75% reservation for EBC, OBC, SC, ST and EWS. Tamilnadu has 79%, Jharkhand has 77%, Chhattisgarh has 76%, Telangana has 75%, and Maharashtra has 72% reservation at present.

EOM.