NEW DELHI: The Supreme Court on Monday refused to stay the Patna High Court's June 20 verdict setting aside the increase in reservation for Backward Classes, Scheduled Castes and Scheduled Tribes (SC/STs).
The Patna High Court had quashed the 65 per cent reservation cap set by the Bihar government in admission to educational institutions and government jobs.
While hearing an appeal filed by the Bihar government, which had moved the SC against the HC's order, the apex court's three-judge bench, led by CJI D Y Chandrachud, refused to stay the HC order. However, it was posted for the final hearing of the Bihar government's appeal in September.
"We will grant leave, will appoint nodal counsels (lawyer, Manish Kumar) and list for final hearing in September," the CJI said.
Although the senior lawyer for Bihar, Shyam Divan, pleaded to the apex court to stay the Patna HC's verdict, the SC refused to do it.
"Not inclined to stay at this stage. We will list this in September," the CJI said.
Bihar government had on July 2 moved the Supreme Court challenging the Patna High Court's June 20 verdict.
"The Patna HC verdict is contrary to the law laid down by this Court," lawyer Manish Kumar appearing for the Bihar government said.
A two-judge bench of Patna HC, led by Chief Justice K Vinod Chandran and Justice Harish Kumar 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.
"These are ultra vires of the constitution and violative of the equality clause under Articles 14, 15 and 16 of the Constitution. The State should introspect on the reservation percentage within the 50 per cent limit, and exclude the 'creamy layer' from the benefits," the HC judges had said in their order.
The Bihar government in its appeal opposed the view that the quota hike violated the right to equal opportunity for citizens in matters of employment and education.
The state government submitted before the Supreme Court 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.