The Bihar government has justified its decision to exceed the 50% quota ceiling for SCs, STs, and OBCs in the Supreme Court. The state cites severe educational backwardness as the basis for this action.
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NEW DELHI: The Bihar government has presented a compelling case to the Supreme Court, justifying its decision to exceed the 50 per cent ceiling for quota benefits for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). This action, according to the state, is necessitated by the alarming educational backwardness prevalent among its population.
Alarming Educational Statistics
In its submission, the Nitish Kumar-led government highlighted the stark educational disparities revealed by the Bihar Caste Based Survey.
“The Bihar Caste-Based Survey highlights educational backwardness across all categories, showing that only 14.71% of the population has completed secondary education and just 9.19% has attained higher secondary education.”
-the state government informed the Supreme Court.
The survey’s findings underscore the urgent need for remedial measures to address these gaps.
“The category-wise data indicates significant efforts by the state to address educational backwardness across all categories. The urban-rural divide is particularly stark, with approximately 90.08% of the illiterate population residing in rural areas, compared to 9.92% in urban areas.”
– the report stated.
This rural-urban educational divide further complicates the socio-economic landscape of Bihar.
Socio-Economic Challenges
The government’s appeal emphasized that the caste survey exposes significant socio-economic challenges faced by backward classes in Bihar. These include landlessness, inadequate education, homelessness, and income insecurity. These factors collectively paint a grim picture of the living conditions of the SCs, STs, and OBCs in the state.
“Hence, there was an urgent requirement to offer additional support and representation to these communities.”
-the appeal argued.
Addressing Rural-Urban Educational Divide
One of the most pressing issues identified is the pronounced rural-urban educational divide. The survey found that a staggering 90.08 per cent of the illiterate population resides in rural areas, compared to only 9.92 per cent in urban areas. This statistic highlights the disproportionate distribution of educational resources and opportunities between rural and urban regions.
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The Bihar government has made it clear that breaching the 50 per cent ceiling for quota benefits is a necessary step towards leveling the playing field for its disadvantaged communities.
“The category-wise data illustrates the state’s extra efforts to mitigate educational backwardness across all categories.”
-the government stated, emphasizing its commitment to bridging these gaps.
the Bihar government has filed a plea to set aside the recent Patna High Court judgment that nullified the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes, and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023. The state argues that upholding the high court’s decision would severely hamper the ongoing selection and recruitment processes, potentially leaving Bihar without the necessary manpower to efficiently run its administration.
The plea, submitted as a special leave petition, challenges the Patna High Court’s June 20 judgment. The court had deemed the amended acts violative of Articles 14, 15, and 16 of the Indian Constitution. These articles pertain to the right to equality, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment, respectively.
In its defense, the Bihar government highlighted the persistent underrepresentation of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in government jobs. Despite numerous affirmative actions and schemes over the decades, only less than 18 percent of government employees hail from these communities, which together form approximately 85 percent of the state’s population.
“This disparity suggests that backward communities continue to face challenges in competing on an equal footing with general category applicants.”
-the state asserted, emphasizing that the existing reservation framework was inadequate. The government criticized the high court’s ruling as “flawed for being reductive and divorced from reality.”
The state’s appeal, filed through advocate Manish Kumar, also referenced the 1992 constitution bench judgment in the Indra Sawhney case, commonly known as the anti-Mandal Commission judgment. This landmark verdict had set a ceiling of 50 percent on reservations but also allowed for exceptions if states could prove the backwardness of the class in question.
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The government stated-
“…The state has adhered to the court’s binding decisions and subsequently amended the reservation acts.”
By doing so, Bihar argues that it has adhered to the legal framework while addressing the socio-economic disparities faced by SC, ST, and OBC communities.
The Bihar government fears that the high court’s judgment, if not overturned, will create administrative challenges. The state might struggle to meet its manpower requirements, thus affecting the efficiency and effectiveness of its governance. The amended acts were intended to enhance the representation of backward communities in government jobs and educational institutions, thereby promoting social justice and equity.
