Today, the Supreme Court of India has refused to remove the interim stay of the Patna High Court on the caste-based survey.
A division 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 the garb of the survey. The next hearing of this case will be held on 14 July, the High Court will hear the matter.
Patna High Court has given an interim stay considering the survey prima facie unconstitutional. The Bihar government approaches the Supreme Court challenging the said order.
"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 Bihar Government had 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.
The first round of caste surveys in Bihar was conducted between January 7 and 21. The second round started on April 15 and was supposed to continue till May 15.
Earlier, the Patna High Court had rejected the application of the Bihar government to expedite the hearing on the petitions challenging the caste-based survey in the state.
While hearing the above arguments on May 4, the High Court ordered the hearing of the matter in July, putting an interim stay on the caste-based survey.
After the order of the High Court, the Government of Bihar filed an interim application before the High Court itself.
The Bihar government said that the High Court's order of May 4 is interim. The decision should be given soon on the pending issues. The matter should be settled. No purpose will be served by keeping the matter pending. The High Court had upheld the old order only. After this, the Bihar government turned to the Supreme Court.
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