The Supreme Court on Friday dismissed as “publicity interest litigations” two PILs that had challenged the constitutional validity of the Bihar government’s castebased census.
“This is a publicity interest litigation. If this relief is granted, then how will they determine how reservation is to be granted?” Justice B.R.Gavai, heading a bench, asked the petitioners during a brief hearing.
The bench, which included Justice Vikram Nath, was dealing with two separate PILs — one filed by the organisation Ek Soch Ek Prayas and another by an individual, Akhilesh Kumar, from Bihar’s Nalanda district — challenging the caste-based census as illegal and unconstitutional.
The petitioners had in their separate petitions contended that while there was a provision in the Constitution for a caste-based census, only the Centre could conduct it.
Justice Gavai, declining to entertain the petitions, asked the petitioners to withdraw and approach the high court for appropriate relief. The petitioners had assailed the Bihar government’s decision to launch a caste-based census from January 7.
Besides lacking the legislative or executive competence to conduct such a survey, it was illegal on the part of the state to conduct a census on the basis of caste, the petitioners had argued.