NEW DELHI: The Supreme Court on Tuesday refused to stay the Bihar state government's order, after hearing the petitioners who have challenged the caste survey and the Patna High Court order upholding the Bihar government’s decision to conduct such an exercise.
A two-judge bench of the Top Court, headed by Justice Sanjiv Khanna and also comprising Justice Dipankar Datta, asked the Bihar government to put the break-up and findings of the caste survey data in the public domain to ensure those aggrieved petitioners to challenge the findings or any other issues that they think should be addressed to.
"Sorry, we are not inclined to pass any interim relief (to the petitioners) as they (the government) have a high court order in their favour," the top court said and fixed the matter for further hearing to January 29.
The court also made it clear that it would later on examine the legal issue of the correctness of the high court judgement and legality of such an exercise by the State of Bihar.
The Apex court was hearing the pleas filed by the non-governmental organisations (NGOs) -- Ek Soch Ek Prayas and Youth for Equality -- against the State of Bihar and then Patna High Court's order of upholding the Bihar government’s decision to conduct such an exercise with respect to caste survey.
"It is not possible to stay the state (Bihar) govt order at this time. There are some limitations on this side as well. We will look into your prayer," Justice Khanna said.
The petitions filed before the SC said that the Bihar government’s decision to conduct a caste survey in the state, was violative and claimed that it was against the very basic structure of the Indian Constitution.
The petition, alleged that the notification was “discriminatory and unconstitutional”.