Last Updated on July 4, 2024 by News Desk
The Bihar government has moved the Supreme Court to challenge the Patna High Court’s June 20 verdict setting aside the increase in reservation for Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) from 50% to 65 in admission to educational institutions and government jobs.
The Bihar government argues that the Patna HC verdict is contrary to the law laid down by the court. The two-judge bench of Patna HC, led by Chief Justice K Vinod Chandran and Justice Harish Kumar, 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. The Bihar government has now challenged this order, seeking setting aside the HC verdict.
The Bihar state government has filed an appeal before the Supreme Court, arguing that the HC erroneously set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023.
The Bihar government claims that the HC failed to appreciate the true nature and import of Article 16(4) of the Constitution of India per the law laid down by the court in many cases, including Indira Sawhney and Jaishri Laxmanrao Patil.
The Bihar government also argues that the HC has transcended beyond the legitimate scope of judicial review by substituting the “opinion of state” as to the adequacy of representation with its own opinion. They argue that the 50% ceiling is not an inviolable rule and may be breached in exceptional circumstances.
