Patna High Court on Thursday set aside the Bihar government’s notifications to raise reservation in government jobs and educational institutions from 50 per cent to 65 per cent.
On November 7, 2023, the Nitish Kumar-led Mahagathbandhan government had raised the Bihar quota slab to 65 per cent. With this, reservation in the state effectively became 75 per cent when the 10 per cent quota for economically weaker sections (EWS) is taken into consideration.
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A division bench of HC Chief Justice K Vinod Chandan and Justice Harish Kumar set aside the government’s notifications, saying that it is “infringing upon right to equality”. This came after a petition by Nalanda resident Rakesh Kumar and others.
Rakesh Kumar’s advocate Nirbhay Prashant told The Indian Express: “The HC saw great merit in our reasoning of how the quota raise infringed upon right to equality and other norms”.
The petition had demanded the quashing of Bihar Reservation of Vacancies and Posts in Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act 2023, arguing that the Constitution talked about “adequate representation, not proportionate representation”.
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The petitioner also argued that when the Supreme Court had quashed similar decisions in the past, it was not prudent on part of the state government to raise the quota cap. The Centre and Bihar government were made respondents in the matter.
Nirbhay said, “We have successfully argued how the government’s notification had been in contravention of Articles 14, 15 and 16 of the Constitution dealing with right to equality and matters of adequate representation, not proportionate representation. Further, B R Ambedkar’s speech in the Constituent Assembly had been on similar lines. Also, such a decision by a state government has been quashed in the past.”
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