65% Reservation For Backward Classes, EBCs, SCs & STs Overturned By Patna HC

In a major blow to the Bihar government, Patna High Court on Thursday scrapped two Bihar government laws that had increased reservations for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from 50% to 65%.

The court struck down the Bihar Reservation of Vacancies in Posts and Services (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023, deeming them ultra vires and in violation of the equality clause under Articles 14, 15, and 16 of the Constitution, as reported by Bar and Bench.

The judgment was delivered by Chief Justice K Vinod Chandran and Justice Harish Kumar, following a series of petitions challenging the 2023 amendments introduced by the Bihar legislature.

The petitioners challenged the constitutional validity of the amendments to the reservation laws. On November 21, the state government had notified the amended reservation laws. In November last year, the Bihar government officially notified two bills in the state gazette, aiming to raise the quota for deprived castes from 50% to 65% in government jobs and educational institutions.

With these enactments, Bihar had the highest reservation percentage among larger states, reaching a total of 75%.

The two bills, the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Amendment Bill-2023 and the Bihar (In Admission in Educational Institutions) Reservation Bill, 2023, became law after the gazette notification.