Supreme Court issues notice to Bihar govt on RJD's plea against HC's verdict quashing state law for 65% reservation

Senior advocate P Wilson, appearing for RJD, pointed out the Constitutional bench observation of Supreme Court in the case of Janhit Abhiyan Vs UOI (EWS Reservation) that ceiling of 50% is not sacrosanct and can be breached.

New Delhi: The Supreme Court on Friday decided to examine a plea by Rashtriya Janta Dal against the Patna High Court's June 20 judgment which set aside the increase in reservation for Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) from 50 to 65 % in admission to educational institutions and public jobs in Bihar.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notice to the Bihar government and others on the petition by the RJD through its leader Manoj Kumar Jha.

The court also tagged the instant petition with one plea filed by the Bihar government.

"Issue notice. This has to be tagged with the pending petition," the bench said.

Senior advocate P Wilson, appearing for RJD, emphasised that the SC, ST and OBC(BC and EBC) population formed 85% of the population in the State of Bihar.

He also pointed out the Constitutional bench observation of Supreme Court in the case of Janhit Abhiyan Vs UOI (EWS Reservation) that ceiling of 50% is not sacrosanct and can be breached, would be squarely applicable to the present case.

The Amendment Act enhanced the total reservations of SC, ST and OBCs to 65%.

He also emphasised that the Supreme Court has already opened the doors to the other backward class in State-Rendered seats in the case of Neil Aurelio Nunes Vs UOI, and a similar exercise needs to be done for SC, ST, and OBCs in this case in the state of Bihar.

On July 29, the apex court had declined to stay the High Court's judgment.

In its petition, the state government had questioned the validity of the High Court's view that the quota hike had violated the right to equal opportunity for citizens in matters of employment and education.

It had maintained the HC erroneously set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023, passed following a caste survey carried out by the state government.

"The State of Bihar is the only state which carried out the exercise and published its caste survey report on socio-economic and educational conditions of entire population. The state has complied with the binding decisions of this Court and then amended the Reservation Acts," it said.

The High Court, however, failed to appreciate the true nature and import of Article 16(4) of the Constitution as per the law laid down by the Supreme Court in many cases, including Indra Sawhney (Mandal Commission), Jaishri Laxmanrao Patil (Maratha quota) and many other cases, the plea said.

It also claimed the HC has transcended beyond the legitimate scope of judicial review by substituting “opinion of State” as to the adequacy of representation with its own opinion.

"The judgment further failed to appreciate that it is trite law that the 50% ceiling is not an inviolable rule and may be breached in exceptional circumstances. Based on the caste census, the government has rightly concluded that the backward classes were not adequately represented and there was a need to enhance affirmative action to achieve the constitutional goal of substantive equality," it said.

The HC's two-judge bench of Chief Justice K Vinod Chandran and Justice Harish Kumar had declared the 2023 state law as ultra vires of the Constitution and violative of equality clause under Articles 14, 15 and 16 of the Constitution.

The High Court also said the State proceeded on the mere proportion of population of different categories as against their numerical representation in government services and educational institutions.

"The State should introspect on the reservation percentage within the 50 per cent limit, and exclude the 'creamy layer' from the benefits," the HC had said.