Summary of Patna High Court judgment on reservation

The recent judgement of Patna High Court, there is no issue in respect of 50% ceiling limit of reservation the 50% ceiling limit has not prescribed by constitution of India. the core issue is that the Bihar government has not quentafable data, only the Bihar government has increase the reservation Reliance upon the census data, same is not admissible under the compliance of article 15(4) & 16(4) of the constitution of India. 

The various judgement of Honorable apex court is specific held that the census data is not permissible in respect to the increasing the reservation in favour of backward community but government must have the quantifiable data for that purpose which collected by dedicated Commission in accordance with the judgement of Indira Sawhney versus Union of India 1992 supp.(3) page 217. The para number 810 of this judgement has said the limit of 50% ceiling cap can be increased looking to the exceptional conditions. what would be exceptional condition this right has reserve by honorable apex court and such condition will arise in future then the apex court will review.

Rameshwar Singh Thakur

LL.M., advocate

Madhya Pradesh H.C. Jabalpur