Supreme Court refuses to stay Patna High Court's order scrapping Bihar's 65% quota

The Supreme Court on July 29 refused to stay Patna High Court's order, which had scrapped the 65% quota for backward classes in Bihar last month.

A petition was filed by the Nitish Kumar-led Bihar government in the top court on July 2 against the High Court's that scrapped the government's decision to increase the reservations from 50% to 65%.

The SC has said that the matter will be taken up for a detailed hearing in September. The Bihar Assembly had passed the Reservation Amendment Bill in November 2023 in CM Nitish Kumar’s absence.

The amended reservation quota included 20% for Scheduled Castes, 2% for Scheduled Tribes, 43% for Other Backward Classes, and Extremely Backward Classes.

Combined with the 10% quota for the Economic Weaker Sections, the total reservation reached 75%, exceeding the 50% ceiling set by the Supreme Court. The quota hike was applicable in jobs and educational institutions in Bihar.

On June 20, a division bench of the Patna High Court had struck down the amendments passed by the Bihar Assembly in 2023. It said that the amendments are beyond the powers of the constitution and violate the equality clause under Articles 14, 15, and 16 of the Constitution.