SC questions why Bihar caste survey's data breakdown is 'unavailable to public'

'Break up of data should be normally made available because people when they want to challenge a particular inference, that should be given,' the bench said.

New Delhi: The Supreme Court on Tuesday said that it is concerned about the breakdown of data in the Bihar caste survey not being made available to the public, which could lead to problems.

A bench of Justices Sanjiv Khanna and Dipankar Datta said, "If somebody is willing to challenge a particular inference being drawn then he should be able to have that data”.

Senior advocate Raju Ramachandran for a petitioner said he would like to bring on record a translated copy of Bihar caste survey. He sought an interim order in the case.

“You are saying that the census report is already out now. One is the legal issue, whether the judgment is correct or not,” the bench said.

Ramachandran said that there is an urgency that the report has been implemented and it has been challenged before the Patna High Court.

He said the court may recall that matter pending here since August. The court was told earlier that nothing is going to happen, but in the meantime, survey has been implemented and reservation increased from 50% to 70%, that is subject matter of challenge, Ramachandran said.

The counsel said he would want to argue for interim relief. He asked the court to hear the matter next week.

“You are speaking about something we were concerned about, more than the census report, it is the breakdown of data ... not normally made available to the public and that leads to a lot of problems. Once you are entitled to do a census, but then to what extent withhold the breakdown of data," the bench said.

Appearing for the Bihar government, senior advocate Shyam Divan said the survey is available in the public domain.

“That is the issue, if it is available fully then it is a different matter,” the bench said.

Divan said people will keep working on the data.

The bench said that is the problem area and nobody is asking for all of it to come on record.

“But break up of data should be normally made available because people when they want to challenge a particular inference, that should be given. If somebody is willing to challenge a particular inference being drawn then he should be able to have that data,” the bench added.

Solicitor General Tushar Mehta, for the Centre, said this is not a census as per the Constitution.

Senior advocate Gopal Sankaranarayanan, for another petitioner, said “which is why it (caste survey) is illegal, which is why the state cannot do it”.

The bench ordered for listing of the matter in the week commencing on January 29.

In October 2023, the Supreme Court had declined to restrain the Bihar government from going ahead with the results of the caste survey or act on it. The court had said there can't be a status quo order for now as restraining the state government from taking a policy decision would be wrong.

In a judgement, the Patna High Court had on August 2, 2023 upheld the Bihar government's decision to undertake the caste-based survey.