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Caste-based survey in Bihar: The Supreme Court on Thursday refused to stay Patna High Court’s order halting caste survey conducted by Bihar government. The next hearing of the case has been scheduled on July 14.
A bench of Justices Abhay S Oka and Rajesh Bindal said it would have to examine if the exercise being carried out is a census in garb of survey. “We are making it clear, this is not a case where we can grant you interim relief,” the bench said.
The apex court noted that the high court had posted the hearing of the main petition on July 3. “We direct that this petition be listed on July 14. If for any reason, the hearing of the writ petition does not commence before the next date, we will hear further submission canvassed by the senior counsel for the petitioner (Bihar),” the bench said.
In an appeal filed before the top court against the May 4 order of the high court, the state government said the stay will adversely affect the entire exercise.
The state government said the collection of caste-based data is a constitutional mandate under Articles 15 and 16 of the Constitution. Article 15 of the Constitution says the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them, while Article 16 states there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
The first round of caste survey in Bihar was conducted between January 7 and 21. The second round started on April 15 and was supposed to continue till May 15.
The petitions before the high court were filed by a social outfit and some individuals, who had last month moved the Supreme Court after their request for an interim relief in the form of a stay on the survey was turned down. The apex court had refused to interfere and referred them back to the high court with direction that their petition be decided expeditiously.
(With PTI inputs)
