Patna, June 20 (Reporter) In a major setback to the Nitish Kumar government, the Patna High Court on Thursday scrapped its decision to hike reservation from 50 percent to 65 percent for SCs, STs, OBCs and EBCs in Bihar government jobs and educational institutions. Calling the quota hike “unconstitutional”, a division bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar said, “The enhancement of reservation beyond the 50 percent limit is bad in law based on the principles of equality emanating from the constitution." While setting aside 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 court held the state government decision ultra vires and violative of the equality clause under Articles 14, 15 and 16. The court scrapped the two notifications of Bihar government issued in November last year, hinting that the state government failed to justify its decision to apply the exception provided to exceed the 50 percent quota limit. In its order, the bench observed, "(That) The state government attempted no in-depth study or analysis before providing for enhancement of the reservation percentage is established from the records. Government proceeded on the mere proportion of population of different categories as against their numerical representation in government services and educational institutions is the admitted position and is the pivotal argument of the state. (That) This argument works against the core principles of Articles 15(4) and 16(4), is a given fact. In our judgment hence, the enhancement of reservations beyond the 50 percent limit is bad in law based on the principles of equality emanating from the Constitution". The court added, “The exception provided, to exceed the 50 percent limit, was confined and restricted to extenuating circumstances and characteristically inherent aspects akin to far flung areas thus being kept away from the mainstream of national life, is undisputed. These conditions do not exist and was not demonstrated in the instant case is abundantly clear.” The decision to increase the reservation was taken by the state government last November based on a statewide socio-economic caste survey. A separate 10 percent reservation for Economically Weaker Section (EWS) was allowed to continue in government services as earlier. The state government had increased the quota for SCs to 20 percent, STs to 2 percent, EBCs to 25 percent and OBCs to 18 percent, totalling 65 percent. Apart from this reservation, 10 percent reservation was allowed to continue as earlier in government services for the poor among upper caste. The bench had reserved its order on March 11 after prolonged hearing on the petition filed by Gaurav Kumar, challenging the state government's decision to increase the quota limit...////...