Supreme Court seeks responses on RJD plea against HC’s quashing of quota hike law

The Supreme Court on Friday (September 9, 2024) sought responses from the Centre and the Bihar government on a petition filed by the Rashtriya Janata Dal (RJD) challenging a Patna High Court order which quashed reservation up to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes in public employment and institutions.

A three-judge Bench headed by Chief Justice D.Y. Chandrachud took note of the submissions of senior advocate P. Wilson, appearing for RJD, that the plea must be heard early.

“Issue notice and tag with the pending pleas,” the CJI said.

On July 29, the apex court had refused to order an interim stay on the High Court decision. However, the top court had agreed to hear an appeal filed by the State of Bihar against the High Court judgment in September.

The Centre and the State had jointly urged the apex court in July to stay the High Court decision, which had set aside the amendments in the State reservation law, saying job interviews had been lined up on the basis of the amended law hiking the reservation bracket.

On June 20, the High Court concluded that stretching the quota from 50% to 65% in government jobs and educational institutions, leaving only 35% for merit was violative of the right to equal opportunity for citizens.

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The High Court had 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 (In admission in Educational Institutions) Reservation (Amendment) Act, 2023 as ultra vires the constitution and violative of equality clause under Articles 14, 15 and 16 of the Constitution.

These amendments had followed a caste survey, which put the percentage of Other Backward Classes (OBC) and Extremely Backward Classes (EBC) at a staggering 63% of the State’s total population, while the SCs and STs were stated to have accounted for more than 21%.

The exercise was undertaken by the Bihar government after the Centre expressed its inability to carry out a fresh head count of castes other than the SCs and STs, which was last held as part of the 1931 Census.