New Delhi: The Supreme Court Monday asked the Patna High Court to take up at an early date a plea seeking direction to the Bihar government to implement reservation for OBCs in local bodies by fulfilling the triple test laid down by it. In December 2021, the top court ruled reservation for OBCs in local bodies will not be allowed unless the government fulfils the triple test laid down in the Supreme Court's 2010 order.
The triple test required the state government to set up a dedicated commission to gather data on the backwardness of OBCs in every local body, specify the proportion of reservation in each local body in light of the commission's recommendations, and ensure that such reservation does not exceed 50 per cent of the total seats reserved for SC/ST/OBC together.
The top court had ruled that until the triple test criteria are fulfilled, the OBC seats will be re-notified as general category seats. A bench of Justices D Y Chandrachud and Hima Kohli noted that the municipal elections are to be held on October 10, 2022, and said it would be appropriate if the High Court takes up the petition at an early date.
"In this view of the matter, we permit the petitioner to mention the petition before the Bench presided over by learned Chief Justice of the High Court of Judicature at Patna. The Chief Justice is requested to take up the petition at an early date considering the urgency.
"The Chief Justice may conveniently take up the petition during the course of the present week ending on 23 September 2022. Since the matter has been relegated for decision before the High Court, we clarify that all the rights and contentions of the parties are kept open to be agitated before the High Court," the bench said.
The top court was hearing a plea filed by Sunil Kumar who had moved the high court challenging a letter dated April 1, 2022, by which the Bihar government communicated to the State Election Commission to initiate the process for holding municipal elections. The petitioner sought direction to the State and its authorities to implement the directions issued by this Court concerning OBC reservation. (PTI)
