New Delhi: The Supreme Court on Monday refused to stay the Patna High Court order setting aside the Bihar Government’s notifications to raise reservation in government jobs and educational institutions from 50 percent to 65 percent for backward classes.
A three-judge bench presided by Chief Justice of India D Y Chandrachud said it would admit the petition and hear it in September but not grant any interim relief in the form of a stay of the June 20, 2024, Patna High Court order. The bench also comprised Justices J B Pardiwala and Manoj Misra.
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Appearing for the Bihar Government, Senior Advocate Shyam Divan pressed for a stay of the High Court order and said the Supreme Court passed an interim order in a similar case related to Chhattisgarh. But CJI Chandrachud pointed out that the High Court had found that already 68 percent of the civil services consist of reserved candidates.
Divan said the matter may have to be carried to a larger bench. “If that’s so, it becomes important to have a well-considered view as far as the appropriate interim arrangement is concerned,” he submitted and urged the bench to at least issue notice on the prayer for interim relief. But the court was not inclined to do so and said: “We will simply grant leave and hear the matter”.
Diwan then requested the court to say in the order, no interim relief “at this stage”. The bench agreed and accordingly modified the order to say “no interim relief at this stage”.
Appearing for the NGO Youth For Equality, Senior Advocate Aparajitha Singh submitted that the Patna High Court had said that the law leads to exclusion.
On November 7, 2023, the Nitish-led Government raised the Bihar quota slab to 65 percent. With this, reservation in the state effectively became 75 per cent when the 10 percent quota for Economically Weaker Sections (EWS) was taken into consideration.
A division bench of Patna High Court Chief Justice K Vinod Chandran and Justice Harish Kumar set aside the government’s notifications, saying that it is “infringing upon the right to equality”. This came after a petition by Nalanda resident Rakesh Kumar and others.
