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The Supreme Court Monday refused to stayed the Patna High Court’s order setting aside the Bihar government’s notifications to raise reservation in government jobs and educational institutions from 50 per cent to 65 per cent.
The apex court was referring to the Patna HC order dated June 20. A division bench of HC Chief Justice K Vinod Chandan and Justice Harish Kumar had said that notification is “infringing upon right to equality”.
In November last year, the Nitish Kumar-led Mahagathbandhan government had raised the Bihar quota slab to 65 per cent. With this, reservation in the state effectively became 75 per cent, taking into consideration the 10 per cent quota for economically weaker sections (EWS).
The petition filed by Nalanda resident Rakesh Kumar and others had demanded the quashing of Bihar Reservation of Vacancies and Posts in Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act 2023, arguing that the Constitution talked about “adequate representation, not proportionate representation”.
“It is to break the stranglehold of a few at the expense and to the detriment of the many that reservation to backward classes was envisaged. But merit cannot be completely effaced and sacrificed at the altar of reparations. This was the principle on which the 50% limit was laid down for reservations,” the High Court had said.
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