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Patna HC scraps Bihar government's quota hike to 65 pc in jobs, education
Patna: In a setback to Bihar Chief Minister Nitish Kumar, the Patna High Court on Thursday set aside the state government's amendments to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Tribes, and Scheduled Castes in jobs and educational institutions.
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 as ultra vires and violative of the equality clauses under Articles 14, 15 and 16.
The Bihar legislature had in 2023 amended both Acts and increased the reservation from 50 per cent to 65 per cent in jobs and higher educational institutions.
Based on the findings of the caste survey in the state, the state government increased the quota for SC to 20 per cent, Scheduled Tribes to two per cent, Extremely Backward Classes to 25 per cent, and Backward Class to 18 per cent.
With the enactments, Bihar has one the highest reservation percentage among larger states, reaching a total of 75 per cent. This includes 10 per cent quota for the economically weaker section (EWS) among the upper castes.
Notably, at that time Nitish Kumar's Janata Dal-United was part of the Mahagathbandhan, comprising Rashtriya Janata Dal and the Congress party.