In a setback for the Nitish Kumar government in Bihar, the Supreme Court today refused to stay the Patna High Court order that struck down state government’s 65% quota for backward classes.
The quota was increased from 50% to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes (SCs), and Scheduled Tribes (STs) in the state, after the Bihar government carried out a caste survey in the state last year.
The quota hike was applicable in jobs and educational institutions in Bihar.
In its June 20 verdict, the high court had ruled that the amendments, passed unanimously by the state’s bicameral legislature in November last year, were “ultra vires” of the Constitution, “bad in law” and “violative of the equality clause”.
The high court made it clear that it saw “no extenuating circumstance enabling the state to breach” the 50% cap on reservations laid down by the Supreme Court in the Indra Sawhney case.
“The state proceeded on the mere proportion of population of different categories as against their numerical representation in government services and educational institutions,” the high court had said.
