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SC Seeks Bihar’s Response on RJD’s Plea Against Patna High Court’s Reservation Law Ruling
The Patna High Court had quashed the Bihar law to raise the quota for the B.Cs, E.B.Cs, S.Cs and S.Ts in the State’s public employment and in educational institutions from 50 per cent to 65 per cent; The Supreme Court Friday issued notice on Rashtriya Janata Dal (RJD)’s challenge to the Patna High Court ruling on the Bihar law.
A Bench comprising of CJI DY Chandrachud along with JB Pardiwala and Manoj Misra linked RJD’s petition with the pending appeal of Bihar government.
“Issue notice and tag with pending plea,” the Court said.
Justice JB Pardiwala; CJI DY Chandrachud; Justice Manoj Misra
The Court in July had declined to give stay to the ruling of the Patna High Court.
RJD which has also filed an appeal against the said judgment was not a party before the High Court. P Wilson, senior advocate argued on behalf of the RJD.
The High Court had on June 20 quashed the law after a number of petitions claiming that quota hike infringed the right to equality of citizens in matters of employment and education.
The High Court had observed that the reservations can be beyond 50 percent of the so called safe limit set by the Supreme Court in its earlier judgments and the later criteria can be surpassed only in exceptional circumstances in case of the far flung and remote areas.
It had done so to Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023.
It was in 2023 that the Bihar State legislature had passed the law in consideration of data based on information that members of SC/ST and other backward classes were still lower in proportion in the Government services.
Therefore, this made the reservation to be enhance up to 65 percent. The decision intended to open the space of the entire sector to students from the school only while at the same time limiting the space for students from the open merit category to 35 percent.
In the said judgment, the High Court of Karnataka has held that the survey report which is prepared by the State casted on the backward communities stated that adequate representation was provided by the State in the public employment on merit as well as reservation.
The RJD has also filed an appeal through the help of advocate G Indira for the dismissal of the case.
Shivam Singh is the nodal counsel for the private parties interested in the case.
