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Patna High Court strikes down 65% quota in Bihar


Why is it in the news?

  • The Patna High Court overturned the Bihar government’s decision to increase reservation in government jobs and educational institutions from 50% to 65%, citing a violation of the right to equality.

More about the news

  • The move by the present government in November 2023 effectively raised the reservation in Bihar to 75% when considering the 10% quota for economically weaker sections (EWS).
  • A division bench of the High Court, invalidated the government’s notifications, stating that it encroached upon the right to equality.
  • The decision came after a petition filed by Nalanda residents, highlighting how the quota increase infringed on right to equality and other constitutional norms.
  • The petition sought the annulment of the Bihar Reservation of Vacancies and Posts in Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act 2023, arguing that the Constitution emphasized “adequate representation” over proportionate representation.
  • The petitioner also pointed out that similar decisions had been overturned by the Supreme Court in the past, questioning the prudence of the state government’s decision to raise the quota cap.
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