Photo Credit: The Suncity News
Patna, June 20, 2024: The Patna High Court on Thursday struck down the Bihar government’s decision to raise caste-based reservation to 45 percent.
The verdict came on a petition filed by Gaurav Kumar and others challenging the Nitish Kumar government’s 2023 move to enhance quotas following the caste-based survey.
The Patna High Court referred to the Supreme Court’s judgments:
A single bench headed by Chief Justice K. V. Chandran delivered the judgment, holding that a reservation beyond 50 percent violates constitutional provisions. The High Court referred to the Supreme Court’s judgments that cap reservation at 50 percent, and said that the enhanced quota structure was in violation of Articles 14, 15 and 16 of the Constitution.
The state government had, on November 9, 2023, increased reservation for OBC, EBC, SC and ST categories from 50 percent to 65 percent, besides retaining 10 percent reservation for EWS, taking the total to 75 percent.
Under the revised structure:
Category earlier after enhancement—EBC—18%, 25%, OBC—12%, 18%, SC—16%, 20%, ST—1%, 2%.
During an earlier hearing on March 11, 2024, the petitioners had argued that the enhancement breached the 50 percent ceiling laid down by the apex court. The Patna High Court had reserved its order at that time.
Bihar was not the only state where total reservation had crossed 70%. Tamil Nadu currently has 79% reservation, Jharkhand 77%, Chhattisgarh 76%, Telangana 75% and Maharashtra 72%.
Also Read: The Narendra Modi government wants to finish reservations in the country, says Mukesh Sahani.
EOM.