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SC: Question is to what extent can Bihar withhold breakup of caste survey data

Senior Advocate Shyam Diwan, who appeared for the Bihar government, told the bench, also comprising Justice Dipankar Dutta, that the survey is available in the public domain.

Bihar caste survey Supreme courtAccording to the data released, the state's total population stood at a little over 13.07 crore, out of which the Extremely Backward Classes (36 per cent) were the largest social segment followed by the Other Backward Classes at 27.13 per cent. (File)
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The Supreme Court on Tuesday wondered as to what extent the Bihar government can withhold the break-up of the caste survey data.

“More than the report itself, what we are concerned about is that the breakdown of data is not normally made available to the public, which leads to a lot of problems. The question is to what extent can the government withhold the breakup of the data?” said Justice Sanjiv Khanna presiding over a two-judge bench.

Senior Advocate Shyam Diwan, who appeared for the Bihar government, told the bench, also comprising Justice Dipankar Dutta, that the survey is available in the public domain.

“If it is available fully, then that’s a different matter…,” said Justice Khanna, adding: “The break-up of data should normally be made available to allow people to challenge a particular inference.”

Senior Advocate Raju Ramachandran, appearing for some of the petitioners, pointed out that the matter has been pending before the SC since August 2023 and requested the bench to hear their prayer for interim relief next week.

“Your Lordships are repeatedly told nothing will happen. But the report is being implemented and reservation has been increased from 50 to 70 per cent. This has been challenged before the Patna High Court. Since things are moving apace, in the meantime… This has been pending here since August. We would like to argue for interim relief,” he said.

The court, however, expressed inability to take it up next week and said it will hear it in the week commencing January 29.

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Hearing the matter in October 2023, Justice Khanna had asked the Bihar government why it had published the caste survey data.

On Tuesday, the SC said the matter will require consideration and it will examine the correctness of the Patna High Court ruling allowing the caste survey.

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