Patna High Court strikes down Bihar's 65 per cent reservation in jobs, education

The Patna High Court on Thursday struck down the amendments passed by the Bihar Assembly in 2023 to increase the reservation limit for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) from 50 per cent to 65 per cent. 

A division bench of Chief Justice K Vinod Chandran and Justice Harish Kumar set aside the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023 and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023 saying it ultra vires the constitution and violates the equality clause under Articles 14, 15 and 16 of the Constitution. 

The bench was hearing a batch of pleas challenging the enactments saying it violates equal opportunity for citizens in matters of employment and education. 

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In November 2023, the Bihar assembly passed the Reservation Amendment Bill to increase the quota for Scheduled Castes, Scheduled Tribes, Extremely Backward Classes and Other Backward Classes in government jobs and educational institutes from the existing 50 per cent to 65 per cent. 

The amended reservation quota included 20 per cent for SCs, 2 per cent for STs, 18 per cent for OBCs, and 25 per cent for EBCs. 

The move reduced the space for those coming from the open merit category to 35 per cent.