Last Update: January 20, 2023, 19:29 IST
Supreme Court of India. (file photo)
The top court, which was hearing three petitions on the issue including one filed by an NGO, said the petitioners can approach the Patna High Court for appropriate remedy.
The Supreme Court on Friday declined to entertain petitions challenging the Bihar government’s decision to conduct caste survey in the state.
A bench of Justice BR Gavai and Justice Vikram Nath said that there is no merit in the petitions and dismissed them with liberty to the petitioners to approach the concerned High Court.
“So this is a publicity interest litigation. How can we issue directions as to how much reservation should be given to a certain caste? How will they (states) determine how much reservation is to be given to whom? Sorry, we cannot issue Such directions cannot be entertained and these petitions cannot be entertained,” the bench told the counsel for the petitioners.
The top court, which was hearing three petitions on the issue including one filed by an NGO, said the petitioners can approach the Patna High Court for appropriate remedy.
“All the petitions are dismissed as withdrawn and they are at liberty to seek appropriate remedy under law,” the bench ordered.
On January 11, the apex court had said that it would take up the matter on January 20, as one of the petitioners mentioned urgent listing of the matter.
A PIL on the issue was filed in the apex court through advocate Barun Kumar Sinha, seeking quashing of the notification issued by the Deputy Secretary to the Government of Bihar to conduct caste survey in the state and restrain the concerned officials from practicing was done. ,
Petitioner Akhilesh Kumar sought quashing of the notification dated June 6, 2022, issued by the Government of Bihar.
The petition argued that the subject of survey falls under List 1 of the 7th Schedule of the Constitution and only the Center has the power to exercise it.
The PIL alleged that the notification violates Article 14 of the Constitution which provides equality before law and equal protection under law, adding that the notification was “illegal, arbitrary, irrational and unconstitutional”.
“If the declared object of the caste-based survey is to accommodate the people of the State suffering from caste oppression, then the distinction on the basis of caste and country of origin is irrational and unfair. Neither of these distinctions is in consonance with the express object of the law.” stated in the petition.
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