Petition in Patna High Court against 65 percent reservation in Bihar.
Petition in Patna High Court against 65 percent reservation in Bihar.
Bihar Reservation: Bihar government’s decision to increase reservation in the state to 65 percent has been challenged in the Patna High Court. A PIL has been filed in the court against the government making reservation for backward, extremely backward, scheduled castes and tribes 65 percent. This PIL has been filed by Gaurav Kumar and Naman Shrestha. The petitioners also demanded an immediate ban on these.
Governor approved
In their petition, the petitioners have challenged the constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2023 and the Bihar (Reservation in Admission to Educational Institutions) (Amendment) Act, 2023. . The petitioner has also demanded a ban on these acts. The Bihar State Legislature passed the 2023 Act on November 10, 2023, and it was also approved by the Governor on November 18, 2023. Subsequently, the government officially notified the Act through the Bihar Gazette on November 21, 2023.
It was also said in this PIL that this amendment has been done on the basis of caste survey. The percentage of these backward castes in this caste survey is 63.13 percent, hence reservation for them has been increased from 50 percent to 65 percent. Also, it was further said that as per the constitutional provisions, reservation was made to give proper representation to socially and educationally backward classes and there is a provision to give reservation in proportion to the population.
violation of fundamental rights
The petitioner also said in his petition that the Amended Act of 2023 which has been passed by the Nitish Kumar government of Bihar also violates the fundamental rights of the Indian Constitution. While this violates the equal right to appointment in government jobs, it is also a violation of the fundamental right related to discrimination. Also, he further said that this law should be banned as soon as possible.
