Express News Service
PATNA: A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50 per cent to 65 per cent.
The petitioners Gaurav Kumar and Naman Shreshtha said that the increase in the reservation quota was in violation of fundamental rights, guaranteed in the constitution.
The petition challenges the constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment)Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023.
With the amendment in place now, the SC will get 20 per cent, ST 2 per cent, EBC 25 per cent and OBC 18 per cent reservation in the state. With 10 per cent reservation already for the economically weaker sections (EWS), total reservation in Bihar goes up to 75 per cent.
READ MORE | Why raising the quota is not a solution to Bihar’s caste woes
On November 21, Bihar governor Rajendra Prasad Arlekar gave his nod to the Reservation Amendment Bill which was passed unanimously by both houses of the state legislature during the winter session. Later, the state government had issued a gazette notification in this connection.
The state government has also requested the Centre to enlist the hike in the reservation quota in government jobs and educational institutions in the 9th schedule of the Constitution so that it is guaranteed immunity from legal scrutiny.
Petitioners asserted that amendments in the reservation quota had been made on the basis of a caste-based survey report according to which the population of OBCs, EBCs, SCs and STs accounted for 63.13 per cent as their reservation quota was increased from 50 per cent to 65 per cent.
The petitioners contend that the Constitutional mandate, as outlined in Article 16(4) of the Constitution, requires reservations to be based on adequate representation of the Socially and Educationally Backward Class rather than the proportional representation of these classes within a specific state.
They said that it was also in violation of the Fundamental Rights guaranteed in the Constitution as it was also in contravention of the principle of equal rights in appointments in government jobs.
READ MORE | Advantage Nitish, but caste-economic survey shows how Bimaru Bihar is Follow channel on WhatsApp
PATNA: A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50 per cent to 65 per cent.
The petitioners Gaurav Kumar and Naman Shreshtha said that the increase in the reservation quota was in violation of fundamental rights, guaranteed in the constitution.
The petition challenges the constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment)Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
With the amendment in place now, the SC will get 20 per cent, ST 2 per cent, EBC 25 per cent and OBC 18 per cent reservation in the state. With 10 per cent reservation already for the economically weaker sections (EWS), total reservation in Bihar goes up to 75 per cent.
READ MORE | Why raising the quota is not a solution to Bihar’s caste woes
On November 21, Bihar governor Rajendra Prasad Arlekar gave his nod to the Reservation Amendment Bill which was passed unanimously by both houses of the state legislature during the winter session. Later, the state government had issued a gazette notification in this connection.
The state government has also requested the Centre to enlist the hike in the reservation quota in government jobs and educational institutions in the 9th schedule of the Constitution so that it is guaranteed immunity from legal scrutiny.
Petitioners asserted that amendments in the reservation quota had been made on the basis of a caste-based survey report according to which the population of OBCs, EBCs, SCs and STs accounted for 63.13 per cent as their reservation quota was increased from 50 per cent to 65 per cent.
The petitioners contend that the Constitutional mandate, as outlined in Article 16(4) of the Constitution, requires reservations to be based on adequate representation of the Socially and Educationally Backward Class rather than the proportional representation of these classes within a specific state.
They said that it was also in violation of the Fundamental Rights guaranteed in the Constitution as it was also in contravention of the principle of equal rights in appointments in government jobs.
READ MORE | Advantage Nitish, but caste-economic survey shows how Bimaru Bihar is Follow channel on WhatsApp
