The Supreme Court on July 29 refused to order interim stay of a Patna High Court decision quashing reservation up to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes in public employment and institutions.
However, while refusing the interim relief, a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud agreed to hear the appeal filed by the State of Bihar against the High Court judgment in September.
Also read | Limit and excess: On the Patna High Court judgment and enhanced reservation
Solicitor General Tushar Mehta and senior advocate Shyam Divan, for Bihar, urged the court to stay the High Court decision which had set aside the amendments in the State reservation law.
“Lots of interviews going on the basis of impugned Act,” Mr. Mehta urged.
“We are not inclined to stay at this stage,” Chief Justice Chandrachud replied.
On June 20, the High Court had concluded that stretching quota from 50% to 65% in government jobs and educational institutions, leaving only 35%, for merit was violative of the right to equal opportunity for citizens.
The High Court had 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 High Court ruling had come as a blow to the Nitish Kumar government.
