SC refuses to stay Patna HC verdict that set aside Bihar law raising quotas from 50% to 65%

In its June 20 verdict, HC declared that the amendments, passed unanimously by the state`s bicameral legislature in November 2023, were "ultra vires" of the Constitution, "bad in law" and "violative of the equality clause". HT File

In a setback to the Bihar Government, the Supreme Court (SC) on Monday refused to stay a Patna High Court (HC) order setting aside the amended reservation laws in the state that enabled the Nitish Kumar dispensation to raise quotas for Dalits, tribals and backward classes from 50 to 65 percent.

However, the bench of Chief Justice D Y Chandrachud and justices J B Pardiwla and Manoj Misra agreed to hear 10 petitions of the Bihar Government against the Patna HC verdict in September, reported news agency PTI.

The top court did not issue notices on the pleas and granted leave for appeal.

"We will list the matter, but we will not grant any stay (on the HC verdict)," the CJI 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 HC's order in that case.

In its June 20 verdict, HC declared that the amendments, passed unanimously by the state's bicameral legislature in November 2023, were "ultra vires" of the Constitution, "bad in law" and "violative of the equality clause".

The Bihar government had issued gazette notifications for raising the quota for deprived castes in state government jobs and educational institutions, after receiving assent from Governor Rajendra Vishwanath Arlekar.

The Bihar Reservation of Vacancies in Posts and Services Amendment Bill and the Bihar Reservation (Admission In Educational Institutions) Amendment Bill, 2023, were cleared by the legislature during the winter session after the government tabled the detailed analysis of the state's landmark caste survey report in the assembly, PTI had reported earlier.

Both the bills sought a hike in the quota for Scheduled Castes (SC) from 16 to 20 percent, Scheduled Tribes (STs) from 1 to 2 per cent, extremely backward castes (EBCs) from 18 to 25 percent and other backward classes (OBCs) from 15 to 18 percent. The total quantum of reservation in jobs and educational institutions would have reached 75 percent in the state, after taking into account the 10 percent already existing quota for economically weaker sections (EWS), reported PTI.

(With PTI inputs)