New Delhi, 02-01-2024 : The Supreme Court, on Tuesday, directed the Bihar government to make the break-up of the caste survey data public, allowing those with grievances to challenge the findings. The bench, consisting of Justices Sanjiv Khanna and Dipankar Datta, declined to provide interim relief to petitioners challenging the caste survey and the Patna High Court’s decision supporting the Bihar government’s survey.
The court emphasized that, given the availability of a high court order in favor of the government, interim relief was not applicable. The survey data has been released to the public, prompting authorities to implement interim changes in reservation percentages for various categories, raising it to 75% from the existing 50%.
Senior advocate Raju Ramachandaran, representing the petitioners, noted the ongoing implementation of the survey data by the authorities and requested the matter to be listed for an argument on interim relief. However, the court suggested challenging the increased reservation before the high court.
Senior advocate Shyam Divan, representing the Bihar government, informed the court that the data, including the break-up, is available on a designated website for public viewing. Justice Khanna expressed concern about the availability of break-up data and stressed the importance of making it public for challenges to be raised against the survey’s conclusions.
The Bharatiya Janata Party (BJP) has accused the Nitish Kumar government of irregularities in the caste survey, labeling the collected data as “fake.” The court instructed Divan to file a report on the caste survey and scheduled further hearing for February 5.
In October 2023, the Supreme Court had questioned the Bihar government’s decision to publish the caste survey data, and while it refused to restrain further publication, it indicated a potential examination of the state’s authority to conduct such an exercise. The court had issued a formal notice on pleas challenging the Patna High Court’s order approving the caste survey.
The released caste survey data on October 2, 2023, revealed that Other Backward Classes (OBCs) and Extremely Backward Classes (EBCs) constituted 63% of Bihar’s population. The court has been dealing with several petitions challenging the survey, including one by NGO ‘Ek Soch Ek Paryas’ and another by Nalanda-resident Akhilesh Kumar, contending that the state’s notification for the exercise goes against constitutional mandates.
The Patna High Court, in its August 1, 2023 verdict, deemed the state’s action to be valid and initiated with competence, serving the legitimate aim of providing development with justice.