Bihar govt challenges Patna HC’s decision nixing quota beyond 50 pc in SC

Patna, July 3 (IANS) The Bihar government on Wednesday filed a petition in the Supreme Court challenging the Patna High Court’s recent decision on quota.

The petition that was filed through advocate Manish Kumar, contests the High Court's decision which struck down the state's amendment Acts of 2023, enhancing reservation from 50 per cent to 65 per cent for SCs, STs, OBCs, and EBCs.

This included 20 per cent for SCs, 2 per cent for STs, 25 per cent for EBCs and 18 per cent for OBCs.

These amendments aimed to provide increased reservation in government jobs and educational institutions to these marginalised communities.

The Nitish Kumar government's decision to bring total quota in Bihar to 65 per cent was challenged by one Gaurav Kumar in the Patna High Court.

The petitioner argued that, according to the Supreme Court’s judgment, reservation cannot exceed 50 per cent.

The High Court, in an 87-page order dated June 20, declared these amendments unconstitutional, stating they violated the fundamental Right to Equality.

The court emphasised that the state's decision to exceed the 50 per cent reservation limit, established by the Supreme Court in the Indira Sawhney case, was not justified.

The amendments followed a caste survey by the Bihar government, initiated after the Centre expressed its inability to conduct a comprehensive caste census beyond SCs and STs.


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