A division bench of Chief Justice K Vinod Chandran and Justice Harish Kumar had, on June 20, 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.
The legislature had in 2023 amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 after taking note of the data that revealed that members of SC/ST and other backward classes were still comparatively less in proportion in government service.
Accordingly, the reservation for the reserved category was increased to 65 percent. The decision reduced the space for those from open merit category to 35 percent.
In its judgment, the High Court had reasoned that the caste survey report relied upon by the State itself revealed that backward communities were adequately represented in public employment, by virtue of reservation and also merit.
It had opined that the same was an indication of one or other caste or community having reaped the benefits of reservation and the various beneficial welfare schemes implemented by the State in achieving an element of social capital.
The High Court had added that the State should introspect on the reservation percentage within the 50 per cent limit, and exclude the ‘creamy layer’ from the benefits.
This has now been challenged before the apex court.
Source: Barandbench
