Supreme Court refuses to stay high court order quashing hike in Bihar quota | India News – Times of India

Supreme Court rejected on Monday Bihar govt’s plea for revival of laws increasing quotas for SCs, STs and OBCs to 65% from 50% in state govt jobs and admissions to state-run educational institutions by declining to stay Patna high court‘s June 20 judgment quashing the law as unconstitutional.
The state govt sought that operation of Patna high court ‘s verdict be stayed by saying that hundreds of interviews were in the process of being conducted based on the two legislations of 2023 – Bihar Reservation of Vacancies in Posts and Services (for SC, ST and OBC) Amendment Act and Bihar Reservation (in Admissions to Educational Institutions) Amendment Act.

SC posts Bihar govt plea for detailed hearing on quotas to September

After hearing senior advocate Shyam Divan for increase in quotas and senior advocate Aparajita Singh for those opposing reservation exceeding the 50% cap laid down by SC in the Indra Sawhney case in 1992, a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said, “We will not grant any stay on the high court order. Interim relief refused.” It posted Bihar govt’s appeal for detailed hearing to Sept.
Bihar govt attempted to differentiate its case from Maharashtra, whose law granting quota to Marathas that took the total quota beyond the 50% limit was quashed by a five-judge constitution bench of SC in May 2021 in Jaishri Laxmanrao Patil case.
Divan argued the Maharashtra law was quashed as the state did not satisfy the pre-condition set in the Indra Sawhney judgment – collection of socio-economic data to prove backwardness among more classes of citizens making it essential to grant quota over and above 50%.
He also contended that SC on May 1, 2023 in Yogesh Kumar Thakur case had stayed a judgment of Chhattisgarh high court, which had stopped recruitment following hike in quota from 50% to 65%, but had allowed the recruitments to go on as the advertisements were issued prior to the high court judgment. It had also clarified that all these recruitments would be subject to the outcome of judicial scrutiny of the validity of enhanced quota.
Bihar said it had carried out a caste survey in 2022-23. “Despite decades of affirmative actions and schemes, less than 18% of govt employees come from communities that constitute 85% of the population. The high court ‘s conclusion is flawed, being reductive and divorced from reality,” it said.
“The caste survey reveals that backward classes in Bihar are trailing in most socio-economic markers. Therefore, there was a dire need to provide additional support and representation to these communities,” it added.