In a setback to the Bihar Government, the Supreme Court on Monday refused to stay the Patna High Court ruling that set aside the increase in reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) in Bihar from 50 per cent to 65 per cent in public employment and educational institutions.
A bench comprising Chief Justice DY Chandrachud and justices JB Pardiwla and Manoj Misra, however, agreed to hear as many as 10 petitions of the Bihar Government against the Patna HC verdict. The bench, which did not even issue notices on the pleas, granted leave for appeal and said the petitions will be heard in September. “We will list in September. No interim relief [at this stage],” CJI Chandrachud said.
Appearing for the State Government, senior advocate Shyam Divan urged the bench to stay the HC order. He referred to a similar case of Chhattisgarh and said that the top court had stayed the order of the high court in that case. But CJI Chandrachud pointed out that the high court had found that already 68 per cent of the civil services consist of reserved candidates. “We will list the matter, but we will not grant any stay (on the HC verdict),” the CJI said.
Diwan then requested the court to say in the order, no interim relief “at this stage”. The bench agreed and accordingly modified the order to say “no interim relief at this stage”.
The High Court had on June 20 set aside the law after a batch of petitions filed before it alleged that the quota hike violated the right to equal opportunity for citizens in matters of employment and education.
The High Court 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 (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 Constitution.