In a major setback to political parties in Bihar, the Patna High Court on Thursday set aside the amendments passed by the Bihar legislature in 2023 when quotas for Dalits, backward classes and tribals in Government jobs and educational institutions were raised from 50 to 65 per cent. The court declared null and void 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 as ultra vires the Constitution and violative of equality clause under Articles 14, 15 and 16 of the statute.
Meanwhile, the coalition Government-led by Nitish Kumar has decided to challenge the Patna High Court order in the Supreme Court.
A division bench of Chief Justice K Vinod Chandran and Justice Harish Kumar passed the ruling on a batch of petitions that had challenged the enactments as violative of the right to equal opportunity for citizens in matters of employment and education.
"We, hence, set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 as ultra vires the Constitution and violative of the equality clause under Articles 14, 15 and 16. The writ petitions are allowed leaving the parties to suffer their respective costs," the bench said in its 87-page verdict.
Reacting to the development, Bihar Deputy Chief Minister and BJP leader Samrat Choudhary said the State Government will move the Supreme Court and ensure justice for the people of Bihar.
"In Bihar, the reservation for backward communities, Dalits and tribals must increase... therefore the Bihar Government will go to the Supreme Court and give justice to the people of Bihar... his (Tejashwi Yadav's) father did not give reservation to a single person. Lalu Prasad means anti-reservation and he was supporter of crime and epitome of hooliganism," he said.
Earlier, RJD leader Tejashwi questioned Bihar Chief Minister Nitish Kumar after the State's High Court scrapped the State Government's quota hike to 65 per cent.
"We are hurt. We were suspecting this from before that the BJP will try to stop reservation for the underprivileged castes. We had already expressed the fear during electioneering that BJP people are against reservation. You must be aware that when we conducted the caste-based survey, people of BJP filed a PIL to try to stop it, but we won at the end. I don't understand why the CM is silent on this," he said.
The order read, "…that the State attempted no in-depth study or analysis before providing for enhancement of the reservation percentage is established from the records. That the State proceeded on the mere proportion of population of different categories as against their numerical representation in government services and educational institutions is the admitted position and is the pivotal argument of the State. That this argument works against the core principles of Articles 15(4) & 16(4) is a given fact. In our judgment hence, the enhancement of reservations beyond the 50% limit is bad in law based on the principles of equality emanating from the Constitution as laid down by the wealth of precedents discussed in this judgment; binding on us and the State equally," read the order.
"The rule of 50% limit on reservation, thus, applies to the Backward Classes, Scheduled Castes and Scheduled Tribes, which is equally applicable under Article 15(4) and Article 16(4) and in the present case, we see no extenuating circumstance enabling the State to breach the rule", the order said.
The State legislature had in 2023 amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 after taking note of the data that revealed that members of SC/ST and other backward classes were still comparatively less in proportion in government service. The Nitish Kumar Government on November 21 last year issued gazette notifications for raising the quota for deprived castes from 50 to 65 per cent in State Government jobs and educational institutions. With this, total reservation in the State would have reached 75% after addition of 10% given to the economically weaker sections (EWS).
Based on the findings of the caste survey in the State, the Government increased the quota for Scheduled Caste (SC) to 20%, for Scheduled Tribe (ST) to 2%, Extremely Backward Classes (EBC) to 25% and Other Backward Classes (OBC) to 18%.
The order 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.
In fact, the Court said the State should introspect on the reservation percentage within the 50 percent limit and exclude the 'creamy layer' from the benefits.
However, the Court clarified that it was only observing so and not issuing any direction.
Ritika Rani, one of the counsels appearing for the petitioners, said, "We had submitted that the amendments to the reservation laws were violative of the Constitution".
It opined that the same was an indication of one or other caste or community having reaped the benefits of reservation and the various beneficial welfare schemes implemented by the State in achieving an element of social capital.
"There is no requirement for an enhancement of reservations, as adequate representation now exists and there is no valid ground for breach of 50% rule; which in any way is not permissible," the order thus said.
