The Bihar government moved the Supreme Court on Tuesday, challenging the Patna High Court’s order to quash the increase in the state’s reservation from the existing 50% to 65%.
The Bihar government’s appeal before the top court was filed through advocate Manish Kumar. “Yes, the State government has filed an appeal before the Supreme Court today and our advocate Ayush Anand too has filed a caveat before the court to hear our side,” Patna HC senior advocate Dinu Kumar, who represents the petitioners against the quota hike, told The Hindu.
In its June 20 verdict, the High Court declared that the amendments, passed unanimously by the state’s bicameral legislature in November last year, were “ultra vires” of the Constitution, “bad in law” and “violative of the equality clause”.
The High Court had allowed a bunch of petitions challenging the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2023 and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023.
The High Court made it clear that it saw “no extenuating circumstance enabling the state to breach” the 50% cap on reservations laid down by the Supreme Court in the Indra Sawhney case.
“The state proceeded on the mere proportion of population of different categories as against their numerical representation in government services and educational institutions,” the High Court said.
The High Court had added that the State should introspect on the reservation percentage within the 50 per cent limit, and exclude the ‘creamy layer’ from the benefits.
