Justice Sanjay Karol Recuses From Hearing Bihar Government's Appeal Against Stay On Caste Census

Justice Sanjay Karol of the Supreme Court today recused from hearing the Bihar government's plea challenging a Patna High Court's interim order staying the caste census being conducted in the State. The Bench also comprised Justice B.R. Gavai.

Justice Karol in the capacity of the Chief Justice of the Patna High Court had dealt with the matter then.

Considering the importance of the matter, the bench was of the opinion that the issue requires an urgent hearing. Therefore, it directed that the matter be listed tomorrow before the CJI led bench, after appropriate orders.

The Bihar government contended that it would be a "huge loss" if the exercise is stopped.

In the appeal filed before the Apex Court against the May 4 order of the High Court, the state government had said that the stay will adversely affect the entire exercise.

The state government also stated that the collection of caste-based data is a constitutional mandate under Articles 15 and 16 of the Constitution.

Article 15 of the Constitution says the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them, while Article 16 states there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

"The time gap to complete the survey would adversely affect the survey since this would not be contemporaneous data. The stay of collection of data itself would cause a huge loss to the State since, if finally the action of the State is upheld, the State would be required to put logistic in place with additional expenditure and burden on public exchequer", the plea said.

Hearing a batch of petitions, the High Court had directed the state government to immediately stop the caste-based survey, and ensure that the data already collected are secured and not shared with anybody till final orders are passed.

The High Court had fixed July 3 as the next date for the hearing.

Cause Title: The State of Bihar and Ors. v. Youth For Equality and Ors.