The Supreme Court on Monday refused to stay the Patna High Court order quashing the Bihar government’s notification to increase the reservation for backward classes in government jobs and educational institutions from 50 per cent to 65 per cent.
A three-judge bench headed by Chief Justice of India DY Chandrachud accepted the petition and will hear it in September and said it cannot grant interim relief against the June 20, 2024 order of the Patna High Court.
The bench consisted of Justices JP Pardiwala and Manoj Mishra. Senior advocate Shyam Diwan, appearing for the Bihar government, urged a stay on the High Court order.
At that time, he said the Supreme Court had issued an interim order in a similar case related to Chhattisgarh. However, Chief Justice Chandrachud pointed out that the High Court has found that 68 per cent of civil services are already reserved.
Further, Dewan said that the matter may have to be taken up by a larger bench. Meanwhile, senior advocate Aparajita Singh, appearing for NGO Youth for Equality, said the Patna High Court was leading to a waiver.
On November 7, 2023, the Nitish-led Mahagathbandhan government increased Bihar’s quota to 65 percent. With this, when the 10 per cent reservation for Economically Backward Sections (EWS) is considered, the reservation in the state effectively becomes 75 per cent.
It is noteworthy that a division bench comprising Patna High Court Chief Justice K Vinod Chandran and Justice Harish Kumar struck down the government’s notifications saying it violated the right to equality.
