Petitions in opposition to Bihar caste survey to be taken up on Friday: Supreme Court docket

NEW DELHI: The Supreme Court docket on Monday mentioned all petitions difficult the Patna excessive court docket’s August 1 verdict permitting the Bihar caste survey can be heard on August 18 and declined a request to placed on maintain the publication of the survey until the subsequent date of listening to.

The Supreme Court docket declined a request to limit Bihar authorities from publishing the caste survey (HT File Photograph)

An attraction by a non-governmental organisation Ek Soch Ek Prayas was listed for a listening to earlier than a bench of justices Sanjiv Khanna and SVN Bhatti on Monday. However when the court docket took up the case, it was knowledgeable that there have been petitions by others akin to Youth for Equality that had been filed however hadn’t been listed. The bench directed that every one these petitions on the caste survey will come up on August 18.

Senior lawyer Mukul Rohatgi, who appeared for Youth For Equality, requested the court docket to contemplate ordering Bihar to not publish the survey. However the bench rejected the request. “That may quantity to an oblique keep with out listening to the opposite aspect. We don’t need to do this with out making use of our minds. Wait until August 18, we are going to hear you that day,” the bench informed Rohatgi.

The second spherical of the caste survey, which was scheduled to be held throughout April 15-Might 15, was halted on the orders of the Patna excessive court docket. This restriction was lifted when the excessive court docket pronounced its verdict on August 1.

The excessive court docket dismissed writ petitions filed by Youth For Equality in opposition to the caste survey which argued that the survey was violative of the precise to privateness beneath Article 21 of the Structure and that the state could be stepping on the turf of the Union authorities, which carries out censuses.

The excessive court docket discovered the Bihar authorities’s determination to conduct the survey to be “completely legitimate, initiated with due competence, with the legit goal of offering growth with justice”.

The excessive court docket additionally underlined that the Centre, as a matter of coverage, determined to not perform any caste-based enumeration and the mere inclusion of census beneath entry 69 of Listing-1 doesn’t preclude the state from finishing up such train, as is carried out in Bihar.

“Karnataka has additionally accomplished it by means of a fee and by a laws, which solely reinforces the facility of state to hold out such survey for assortment of information to attain the constitutional aim of uplifting the downtrodden and the marginalised,” the excessive court docket noticed.

The Mahagathbandhan authorities – an alliance of Nitish Kumar’s JD(U), the RJD, and the Congress – ordered the survey after the Centre declined its request for a headcount of social teams apart from SCs, STs and non secular minorities as a part of the Census.

It’s probably that the authorized sanction to the survey, which is geared toward pushing for extra reservation for backward courses on the grounds that present quotas usually are not proportionate with the share of those communities within the inhabitants, will engender demand for comparable surveys in different states.

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