Patna HC strikes down Bihar laws increasing reservation for SC, ST, OBC to 65%
Alivia Mukherjee | June 20, 2024 | 03:04 PM IST | 1 min read
Bihar Reservation: A division bench comprising chief Justice K Vinod Chandran and justice Harish Kumar issued the ruling on a series of petitions that contested the laws for infringing on citizens' equal opportunity in employment and education.
NEW DELHI: The Patna High Court has nullified the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and The Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, ruling them as ultra vires and violative of the equality clause under Articles 14, 15, and 16 of the Constitution.
The Division bench, comprising chief justice K Vinod Chandran and justice Harish Kumar, delivered this verdict while hearing a Public Interest Litigation (PIL) that challenged the amendments passed by the Bihar legislature. These Bihar amendments aimed to increase the reservation for Backward Classes, Extremely Backward Classes , Scheduled Castes (SC), and Scheduled Tribes (ST) from the existing 50% to 65%.
Reserves judgment on quota increase
According to a report by the Times of India , the high court had reserved its judgment in March on a series of writ petitions questioning the constitutional validity of the proposed quota increase. These petitions were filed by Gaurav Kumar and others, who argued that the amendments violated the principles of equality enshrined in the Constitution.
The state government had notified the amended reservation laws on November 21, 2023, aiming to expand the quota in government jobs and higher educational institutions to 65%.
Legislature amends Bihar reservation act to address inequality
In 2023, the legislature amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Act, 1991. This decision was based on data showing that SC, ST and other backward classes were less in number in government services. Consequently, the reservation for these groups was increased to 65 percent, reducing the allocation for the open merit category to 35 percent.
Bihar reservation policy
As per Bar and Bench report, the reservations for the reserved category were as follows:
For admission
|
Category |
Percentage |
|
Open Merit Category |
35% |
|
Reserved Category |
65% |
|
Vacancies within the Reserved Category |
Percentage |
|
Scheduled Castes |
20% |
|
Scheduled Tribes |
2% |
|
Extremely Backward Classes |
25% |
|
Backward Classes |
18% |
For direct recruitment
|
Category |
Percentage |
|
Open Merit Category |
35% |
|
Reserved Category |
65% |
|
Vacancies within the Reserved Category |
Percentage |
|
Scheduled Castes |
20% |
|
Scheduled Tribes |
2% |
|
Extremely Backward Classes |
25% |
|
Backward Classes |
18% |
Follow us for the latest education news on colleges and universities, admission, courses, exams, research, education policies, study abroad and more..
To get in touch, write to us at news@careers360.com.
Quick Watch
]Next Story
]‘Can’t continue at Harvard’: SC, OBC students hit as Maharashtra makes 75% must for study abroad scholarships
Maharashtra has also imposed an income limit for Scheduled Castes which students say is “unconstitutional”. A PIL’s been filed against the new eligibility criteria for study abroad scholarships.
Team Careers360 | 1 min readFeatured News
]- In a first for NEET UG Counselling, costliest medical colleges slash MBBS fees up to 40% as seats go vacant
- ISRO communication and media scholar India’s sole representative from field in world top 2% scientists list
- Boomerang effect? Jadavpur bookstalls report fourfold rise in sales after Durga Puja attack sparks resistance
- Maharashtra NEET UG Counselling: HC refuses to let medical college hold own MBBS rounds, says plea ‘premature’
- NEET PG Counselling: At private medical colleges, deemed-university tag brings up to 1,471% fee hike
- ‘Didn't call police,’ IIT Bombay deputy director tells faculty members; prof questions response
- AI engineer builds app for blind students in higher education; over 1,000 use it to read in 30 languages
- ‘Teachers know…’: In Chennai govt schools, drugs move through classrooms, playgrounds – unchecked, unreported
- St Stephen’s terminates 2 assistant professors appointed during ex-principal’s tenure over irregularities
- NIT Karnataka’s entrepreneurship model goes beyond incubators and into classrooms; now it’ll guide other NITs