New Delhi: The Supreme Court on Monday in its order refused to stay the Patna High Court’s June 20 verdict setting aside the increase in reservation for Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs).
The Patna High Court had earlier issued a verdict quashing the 65 per cent reservation cap set by the Bihar government in admission to educational institutions and government jobs.
While hearing an appeal filed by the Bihar government, which had moved to the SC against the HC’s order, the apex court’s three-judge bench, led by CJI D Y Chandrachud, refused to stay the HC order. However, it was posted for the final hearing of the Bihar government’s appeal in September.
“We will grant leave, will appoint nodal counsels (lawyer, Manish Kumar) and list for final hearing in September,” the CJI said.
Although the senior lawyer for Bihar, Shyam Divan, pleaded to the apex court to stay the Patna HC’s verdict, the SC refused to do it.
“Not inclined to stay at this stage. We will list this in September,” the CJI said.
Bihar government had on July 2 moved to the Supreme Court challenging the Patna High Court’s June 20 verdict.
“The Patna HC verdict is contrary to the law laid down by this Court,” lawyer Manish Kumar, for Bihar government, said.
A two-judge bench of Patna HC, led by Chief Justice K Vinod Chandran and Justice Harish Kumar, in their judgement, had, on June 20, 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.
“These are ultra vires of the constitution and violative of the equality clause under Articles 14, 15 and 16 of the Constitution. The State should introspect on the reservation percentage within the 50 per cent limit, and exclude the ‘creamy layer’ from the benefits,” the HC judges had said in their order.
