GAURAV KUMAR & ORS. VERSUS THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, WRIT JURISDICTION CASE NO.16760 OF 2023 (BIHAR CASTE BASED RESERVATION CASE)
FACTS: The Bihar Government's Caste Survey report indicates that a significant portion of the state's population belongs to marginalized and deprived communities such as Backward & Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes. Based on this survey, the Bihar Government implemented a reservation policy providing 65% reservation to these categories, which comprise 85% of Bihar's total population. This decision was challenged in a batch of petitions before the Patna High Court.
ISSUES: Whether the 50% reservation rule and Bihar's caste-quota law are constitutionally valid?
OBSERVATION: Recently, the Patna High Court invalidated laws enacted by the Bihar Legislative Assembly that provided 65% reservation to domiciles of Bihar belonging to Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in public employment and educational institution admissions. The Court held that exceeding the 50% reservation ceiling is unconstitutional and contravenes the principles of equality enshrined in the Constitution.
The High Court referred to the landmark case of Indra Sawhney v. Union of India, which upheld the 50% ceiling on reservations while acknowledging the possibility of exceeding this limit in exceptional circumstances. However, the Court emphasized that any excess beyond 50% must be justified with valid reasons to align with Articles 16(1) and 16(4) of the Constitution.
The Bihar Government's reliance on the M. Nagaraj Case was rejected by the High Court, which emphasized that reservation cannot be extended solely based on quantifiable data. The Court cited Union of India v. Rakesh Kumar, where the Supreme Court allowed exceptional treatment for Scheduled Tribes under specific conditions but found that Bihar's caste survey report lacked comprehensive data on the socio-economic status of different castes to justify such high reservation percentages.
Therefore, the Patna High Court deemed the Bihar Government's reservation policy invalid, emphasizing the need for adherence to constitutional principles and rigorous justification for any deviation from the 50% reservation limit.
