SC refuses to stay HC order quashing Bihar's quota law

The Supreme Court on Monday refused to stay the Patna High Court's June order, setting aside the increase in reservation for the backward and extremely backward classes, Scheduled Castes and Scheduled Tribes in Bihar from 50% to 65% in public employment and educational institutions.

Refusing any interim relief, a bench headed by Chief Justice of India DY Chandrachud listed the case for final hearing in September.

The development took place on the hearing of an appeal filed by the Bihar government against the Patna High Court's June 20 ruling vide which it set aside the reservation.


A slew of petitions were filed in the Patna HC alleging that the increased reservation violated the right to equal opportunity for citizens in matters of employment and education. The Bihar government in 2023 had amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991. It had reasoned that the current data revealed that members of SC/ST and Other Backward Classes were still comparatively less in proportion in government service. As a result, the reservation for the reserved category was increased to 65%. The increased reservation reduced the space for those from the open merit category to 35%.

Patna HC had last month declared the amendment as ultra vires the Constitution and violative of equality clause under Articles 14, 15 and 16 of the Constitution.

HC held 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.

The high court ruled that the state should introspect on the reservation percentage within the 50% limit, and exclude the "creamy layer" from the benefits. Aggrieved, the Bihar government had moved the top court.