The Supreme Court on Friday sought responses from the Centre and Bihar government on a plea by the Rashtriya Janata Dal (RJD) against a Patna High Court order setting aside the amended reservation laws in Bihar that had led to raising of quotas for Dalits, tribals and backward classes from 50 percent to 65 percent.This came after the top court’s three-judge bench led by CJI D Y Chandrachud heard the arguments of P Wilson, senior advocate, appearing for RJD leader Manoj Kumar Jha.Jha had moved the SC against the Patna HC judgement, which quashed the Bihar Reservations Amendment Act 2023 that granted 65% reservations for SC, ST and OBC in Bihar in employment and education.Wilson, appearing for the RJD, emphasised that the SC, ST and OBC (BC and EBC) population form 85% in Bihar and pointed out that the constitutional bench observation of the Supreme Court in the case of Janhit Abhiyan Vs UOI (EWS Reservation) that ceiling of 50% is not sacrosanct and can be breached would be squarely applicable to the present case.He also emphasised that the Supreme Court has already opened the doors to the other backward class in state-rendered seats in the case of Neil Aurelio Nunes vs. UOI, and a similar exercise needs to be done for SC, ST and OBCs in this case in Bihar.The Bihar government had on July 2 also moved the Supreme Court challenging the Patna High Court’s June 20 verdict setting aside the increase in reservation for Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs) from 50 per cent to 65 in admission to educational institutions and government jobs.”The Patna HC verdict is contrary to the law laid down by this court,” said lawyer Manish Kumar, appearing for the Bihar government.A two-judge bench of the 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.
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