SC refuses to stay Patna HC order on Bihar’s 65% quota for backward classes

New Delhi: In what could be called a setback to Bihar government, the Supreme Court on Monday refused to stay the Patna High Court’s order that set aside the government’s notification for increasing reservation for backward classes in government services and educational institutions from 50 percent to 65 percent.

A three-judge bench led by Chief Justice of India D Y Chandrachud refused to stay the June 20, 2024 order by the Patna High Court, while saying that the court would hear the matter in September, The Indian Express reported.

Representing the Bihar Government, Senior Advocate Shyam Divan argued that the apex court passed an interim order in similar case involving Chhattisgarh.

The high court, CJI Chandrachud pointed out, had found that already 68 per cent of the civil services consist of reserved candidates, The Indian Express reported.

Saying that the matter needs to be taken up by larger bench, Advocate Shyam Divan added that “If that’s so, it becomes important to have a well-considered view as far as the appropriate interim arrangement is concerned.”

When Divan urged the bench for an interim relief, the court responded: “We will simply grant leave and hear the matter”.

Later Diwan pressed the court to add no interim relief “at this stage” in the order; following which the bench modified the order saying “no interim relief at this stage”.

Senior Advocate Aparajitha Singh, representing NGO Youth For Equality, argued citing Patna High Court that the law leads to exclusion.

The Nitish-led Mahagathbandhan government raised quota for backward classes to 65 percentage on November 7, 2023.

Subsequently, a division bench of Patna High Court set aside the notification by the government saying that it is ‘infringing upon the right to equality’.