The Bihar State government, in its appeal, a copy accessed by TNIE, filed before the top court, opposed the pleas in the HC that the quota hike violated the right to equal opportunity for citizens in matters of employment and education.The state government, in the top court, said that the HC erroneously set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023.”The State of Bihar is the only State that carried out the exercise and published its Caste Survey Report on the socio-economic and educational conditions of the entire population. The State has complied with the binding decisions of this Court and then amended the Reservation Acts,” it said.Thereby, the HC, while passing the verdict failed to appreciate the true nature and import of Article 16(4) of the Constitution of India per the law laid down by this Court in many cases, including Indira Sawhney, Jaishri Laxmanrao Patil and many other cases, Bihar government added.The HC has transcended beyond the legitimate scope of judicial review by substituting “opinion of state” as to the adequacy of representation with its own opinion, it said.”The Judgment (HC) further failed to appreciate that it is a trite law that the 50 per cent ceiling is not an inviolable rule and may be breached in exceptional circumstances. Based on the Caste Census, the government has rightly concluded that the backward classes were not adequately represented and there was a need to enhance affirmative action to achieve the Constitutional goal of substantive equality,” it said.
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