The Patna High Court on Thursday 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. This ruling eliminates the 65% reservation quota previously set for Backward Classes, Economically Backward Classes (EBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs) in Bihar. The court found these amendments to be ultra vires and in violation of Articles 14, 15, and 16 of the Indian Constitution, which enshrine the principles of equality.
Chief Justice K Vinod Chandran and Justice Harish Kumar delivered the judgment in response to a series of petitions challenging the 2023 amendments. The Bihar government, led by Chief Minister Nitish Kumar, had increased reservations for these groups, raising the quota for EBCs from 18% to 25%, for BCs from 12% to 18%, for SCs from 16% to 20%, and for STs from 1% to 2%. The inclusion of a 10% quota for Economically Weaker Sections (EWS) brought the total reservation in Bihar to 75%, surpassing the 50% limit set by the Supreme Court.
A Public Interest Litigation (PIL) argued that the constitutional provisions for reservations are intended to ensure adequate representation of socially and educationally backward classes, not to allocate reservations proportional to the population. The PIL claimed that the amendments infringed on fundamental rights, including equal opportunity in government jobs and protection against discrimination. The court’s ruling supports this perspective, emphasizing that the amendments breached constitutional guarantees of equality.
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