"So much casteism in Bihar in every field": Supreme Court asks Patna High Court to reexamine plea for stay on caste survey

Casteism is rampant in Bihar and is prevalent in every field be it bureaucracy or politics, the Supreme Court said on Friday..A bench of Justices MR Shah and JB Pardiwala was considering a plea seeking stay on the caste survey that is underway in the State."There is so much casteism there. In every field. Bureaucracy, politics, service," Justice Shah remarked.The Patna High Court had refused to grant any interim stay on the the survey leading to present appeal before the top court..The Supreme Court opined that the High Court ought to have heard the matter on merits before deciding on whether or not to grant interim relief."One way or the other, (plea for) interim relief has to be considered on merits. Let a division bench consider it," Justice Shah said. Since the High Court had not done the same, the bench asked the High Court to do so expeditiously."We clarify that we have not said anything on merits and it is for the High Court to take a call on the same," the bench said in its order..The present petition was moved by Youth for Equality, an Indian organisation that works against caste-based policies and reservations.At the hearing today, Senior Advocate Mukul Rohatgi, appearing for the petitioner-organisation argued that it was a serious matter, and that the survey for a caste census was being done in view of elections.He added that casteism was extremely rampant in the State of Bihar..The counsel for Bihar pointed out that multiple petitions are being filed challenging the government's move.However, Justice Pardiwala asked the State counsel why it was acting with such haste in conducting this survey.The counsel in response pointed to the directive principles."What directive principles?," Justice Pardiwala asked.The bench subsequently passed an order giving liberty to the petitioner to file an application before the Patna High Court for urgent hearing on the interim relief sought, and asked the High Court to dispose of the same preferably within three days. .Interestingly, in January this year, a Supreme Court bench of Justices BR Gavai and Vikram Nath had refused to entertain three public interest litigation (PIL) petitions challenging the Bihar government decision to initiate a caste census in the State.The bench had granted liberty to the petitioners to approach the Patna High Court."This is a publicity interest litigation. If we allow this then how will they determine how much reservation to be given? You want to withdraw? Go and file before the High Court. Sorry we do not entertain such petitions," Justice Gavai had remarked..[Read order]