Supreme Court refuses to stay Patna High Court decision to quash Bihar reservation law

The Supreme Court on Monday refused to stay the Patna High Court ruling that set aside the increase in reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) in Bihar from 50 per cent to 65 percent in public employment and educational institutions [State of Bihar and anr v Gaurav Kumar and Anr].A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra listed the case for final hearing in September but said that it will not grant any interim relief."We will list in September. No interim relief [at this stage]," CJI Chandrachud said..The top court was hearing an appeal moved by the Bihar government against the High Court decision The High Court had on June 20 set aside the law after a batch of petitions filed before it alleged that the quota hike violated the right to equal opportunity for citizens in matters of employment and education. The High Court 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 as ultra vires the constitution and violative of equality clause under Articles 14, 15 and 16 of the Constitution.The Bihar State legislature had in 2023 amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 after taking note of the data that revealed that members of SC/ST and other backward classes were still comparatively less in proportion in government service.Accordingly, the reservation for the reserved category was increased to 65 percent. The decision reduced the space for those from open merit category to 35 percent.In its ruling, the High Court said the caste survey report relied upon by the State itself revealed that backward communities were adequately represented in public employment by virtue of reservation and also merit.The High Court also said that the State should introspect on the reservation percentage within the 50 per cent limit, and exclude the ‘creamy layer’ from the benefits.This led to the appeal before the top court..Senior Advocate Shyam Divan, representing the State of Bihar, urged the Supreme Court to stay the ruling. However, the Court refused to do so. "Please issue notice on interim relief then," Divan submitted in the alternative. However, the Court again declined to accede to the request."We will grant leave and list for final hearing," the Court said..The Bihar government's appeal before the top court has been filed through advocate Manish Kumar, standing counsel for the State. Advocate Shivam Singh was today appointed nodal counsel for the private parties.