Patna HC rejects PIL against 65% reservation

December 2, 2023

Patna: In a major relief to the Bihar government, the Patna High Court has rejected a Public Interest Litigation (PIL) challenging the 65 per cent reservation in the state.

A single judge bench of Chief Justice K.V. Chandran rejected the pleas of petitioners Gaurav Kumar and Naman Shrestha who were seeking stay on the reservation policy of the Bihar government and directed the Bihar government to submit a reply before the court till January 12, 2024.

The petitioners jointly filed a PIL in Patna High Court challenging the decision of Nitish Kumar government to enhance the reservation for EBC, OBC, SC and ST in Bihar to 65 per cent, contending that reservation above 50 per cent is a violation of the Constitution and fundamental rights of common people.

They argued that the parameters of reservation should be given on the basis of social and financial status of the people belonging to the backward class and not on the basis of the population of the caste.

They said that the Nitish Kumar government enhanced the reservation up to 65 per cent on the basis of population of castes, and 35 per cent people, belonging to other castes come under the general category, which is a violation of the fundamental rights of the common people in Bihar.

The Nitish Kumar government passed the Bihar Reservation (Amendment) Act 2023 in the legislature in the Winter Session on November 10 and Governor R.V. Arleker gave his approval on November 18.