Patna High Court Strikes Down Law Which Raised Reservation to 65% From 50%

New Delhi: Patna High Court on Thursday struck down amendment passed by Bihar Assembly in 2023 which raised reservation in state form 50 to 65 percent. decision to raise reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes was taken on basis of caste survey conducted by Bihar government. 

A division bench of Chief Justice K Vinod Chandran and Justice Harish Kumar of Patna High Court passed order after hearing a bunch of petitions challenging Bihar law that raised reservation from 65 per cent from existing 50 per cent. petitions claimed that amendments were violative of equal opportunity for citizens in matters of employment and education.

Patna High Court said act that seek to increase reservation in state of Bihar is unconstitutional and violates Articles 14, 15 and 16. Ritika Rani, one of counsels appearing for petitioners, said, "We h submitted that amendments to reservation laws were violative of Constitution". "After hearing both sides, court h reserved its judgement in March. Today final order has come and our petitions have been allowed", she told PTI-Bhasha.

Bihar Hiked Reservation 

Bihar (Enrollment in Educational Institutions) Reservation Amendment Bill, 2023 and Bihar Reservation in vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Or Backward Classes) Amendment Bill, 2023 were unanimously passed by Bihar assembly-led by Chief Minister Nitish Kumar in November last year. 

amendments sought to increase existing 50 per cent reservation to 65 per cent. Thus, putting 75 per cent of total seats under reserved category as a 10 per cent reservation for Economically Weaker Section (EWS) category also in place. 

What Nitish Kumar Said? 

Nitish Kumar has asserted that reservation provisions are being revised to grant representation to every community as per ir population in state, as reflected in results of caste-based survey conducted by Bihar government.

Taking a cue from same, several Opposition parties including Congress pitched for a pan-India caste census.