SC refuses to stay order to abolish 65% quota in Bihar

#News Bureau July29,2025

The Supreme Court on Monday refused to stay the Patna High Court order that struck down 65 per cent quota for backward classes in Bihar. The Bihar government had challenged the High Court order quashing the government’s decision to increase the reservation from 50 per cent to 65 per cent.

A division bench of the Patna High Court on June 20 struck down the amendments passed by the Bihar Assembly in 2023, saying they were ultra vires the Constitution and violated equality under Articles 14, 15 and 16 of the Constitution.

On November 7, 2023, the Nitish-led Mahagathbandhan government increased the Bihar quota slab to 65 per cent. With this, the reservation in the state effectively became 75 per cent, taking into account the 10 per cent quota for the economically weaker sections (EWS). This very decision of the government was quashed by the Patna High Court.

However, now the Supreme Court has said that the matter will be heard in detail in September. A three-judge bench headed by Chief Justice of India DY Chandrachud said that it would accept the petition and hear it in September. But would not grant any interim relief in the form of a stay on the Patna High Court order of June 20, 2024. The bench also comprised Justice JB Pardiwala and Justice Manoj Mishra.

Senior advocate Shyam Divan, appearing for the Bihar government, sought a stay on the High Court order and said that the Supreme Court had passed an interim order in a similar case related to Chhattisgarh. But CJI Chandrachud said the High Court had found that already 68 per cent of the civil services are reserved candidates.