Patna High Court set aside the Bihar Law exceeding Reservation for SC, ST, and OBC Communities from 50% to 60%

Today (June 20, 2024), the Patna High Court (HC) set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste (SC), Scheduled Tribes (ST) and Other Backward Classes(OBC)) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 as ultra vires the Constitution and violative of the equality clause under Articles 14, 15 and 16 of the Indian Constitution. The Patna HC bench constituting Chief Justice K. Vinod Chandran and Justice Harish Kumar was hearing a PIL (Public Interest Litigation) challenging the amendment passed by the Bihar Legislature to exceed the reservation from 50% to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes. During the proceedings, the bench observed, “the enhancement of reservations beyond the 50% limit is bad in law based on the principles of equality emanating from the Constitution…” After hearing the matter, the HC bench said, “We, hence, set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023 as ultra vires the Constitution and violative of the equality clause under Articles 14, 15 and 16. The Writ Petitions are allowed leaving the parties to suffer their respective costs.”