The Supreme Court was hearing an appeal from the Bihar government challenging the High Court’s decision.

In 2023, the Bihar State legislature amended the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Act, 1991. This amendment was based on data showing that members of SC/ST and other backward classes were underrepresented in government services.

The amendment increased the reservation for these categories to 65 percent, reducing the open merit category to 35 percent.

On June 20, the High Court annulled the law following petitions claiming that the quota increase violated the right to equal opportunity in employment and education. The High Court declared the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and the Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023, unconstitutional and in violation of Articles 14, 15, and 16 of the Constitution.

The High Court noted that the caste survey used by the State indicated that backward communities were adequately represented in public employment through both reservation and merit. It also suggested that the State should reconsider the reservation percentage to stay within the 50 percent limit and exclude the ‘creamy layer’ from benefits.

The Bihar government appealed this decision to the Supreme Court, which declined to intervene.

Case title: State of Bihar and anr v Gaurav Kumar and Anr