The Patna High Court on Thursday set aside the amendments passed by the Bihar legislature in 2023 to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) from 50% to 65%.

The court delivered its verdict on a batch of writ petitions challenging the constitutional validity. The petitioners had argued that the hike in reservation by the state government was beyond its legislative powers.

“The amendments are violative of the Supreme Court verdict passed in the case of Indira Sawhney versus Union of India whereby a maximum ceiling of 50% was laid down. The quota hike was also discriminatory in nature and violative of the fundamental rights to equality as guaranteed to the citizens by Articles 14,15 and 16,” the petitioners’ counsel had submitted.

The Bihar government had issued the gazette notification in November 2023 for the two reservation bills – Bihar Reservation of vacancies in posts and services (For SC, ST, EBC and OBC) Amendment Bill and the Bihar (In Admission In Educational, Institutions) Reservation Amendment Bill, 2023 – paving the way for increase in quota from the existing 50% to 65%. With this, total reservation in the state would have reached 75% after adding 10% to the economic and weaker sections (EWS).