The Supreme Court on Friday refused to entertain a plea against the Bihar government's decision to conduct a caste-based survey in the state.
A bench of Justices MR Shah and JB Pardiwala allowed the petitioner to approach the Patna high court and directed it to decide the petition expeditiously.
"Petitioner seeks permission to move an application which can be considered by the high court," said the bench.
"We permit the petitioner to file an appropriate interim application and request the high court to consider and finally decide at least the interim application at the earliest and preferably with three days of filing it," the bench said.
The apex court clarified that it has not expressed anything on merits of the case.
The first round of caste survey in Bihar was conducted between January 7 and 21. The second round started on April 15 and will continue till May 15.
Senior advocate Mukul Rohatgi, appearing for the petitioner, submitted that this is a serious case where the Patna high court has refused to grant interim relief.
Rohatgi stated that the survey was being carried out with urgency due to the approaching elections.
The bench observed, "There is so much casteism there in every field, bureaucracy, politics, service, etc. Why are you doing this with such urgency? What is the need?"
The counsel appearing for the Bihar government submitted that the exercise is being carried out as per the Directive Principles of State Policy.
The top court was hearing a plea filed by the Youth for Equality against the April 18 interim order of the high court.
The plea has challenged the caste-based survey on the ground that it was not a survey for a sample population, but a census, involving house-to-house enumeration of all people, which only the Centre could undertake.
"As per Section 3 of the Census Act, 1948, and Rule 6A of Census Rule, 1990, the Centre has made no such declaration for a caste-based survey or census in Bihar,” the plea stated.
The apex court on January 20 had refused to entertain a batch of pleas challenging the Bihar government's decision to conduct a caste survey in the state.
It had said there is no merit in the petitions and dismissed them with liberty to the petitioners to approach the high court concerned.
