Supreme Court refuses to pause order scrapping Bihar's 65% quota

The Supreme Court on Monday refused to stay Patna High Court order that set aside the increase in reservation for Backward Classes, SC & ST from 50 per cent to 65 per cent in public employment and admission to educational institutions.

A bench of Chief Justice D Y Chandrachud and justices J B Pardiwla and Manoj Misra, however, agreed to hear at least 10 petitions of the Bihar government against the Patna HC verdict. The top court, which did not even issue notices on the pleas, granted leave for appeal and said the petitions will be heard in September.

Appearing for the state government, senior advocate Shyam Divan urged the bench to stay the HC order. He referred to a similar case of Chhattisgarh and said that the top court had then stayed the order of the high court. “We will list the matter, but we will not grant any stay (on the HC verdict),” the CJI-led bench said.

In Bihar, the quota was increased from 50% to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes (SCs), and Scheduled Tribes (STs), after the state government carried out a caste survey last year. The quota hike was applicable in jobs and educational institutions in the state.

In its June 20 verdict, the high court had ruled that the amendments, passed unanimously by the state's bicameral legislature in November last year, were "ultra vires" of the Constitution, "bad in law" and "violative of the equality clause".