NEW DELHI: The Supreme Court on Friday declined to entertain PILs versus the Bihar federal government for taking a decision to carry out caste census in the state and termed the petitions as promotion interest litigations.
A bench of Justices B R Gavai and Vikram Nath raised questions at outset of hearing on how the state federal government would grant booking if such an exercise was not carried out and made it clear that it wont amuse the petitions.
It said the petitioners can approach the Patna high court, if they wanted.
This is a promotion interest lawsuits.
If we allow this then how will they identify how much reservation to be given.
You wish to withdraw? Go and file prior to the high court, the bench observed.Sensing the mood of the bench, the legal representatives accepted withdraw the petition and approach the HC.The petitioners had challenged the Bihar government notification issued in June in 2015 for caste census and competed that it was violative of the right to equality before law and holding caste-based census was against the fundamental structure of the Constitution.
They submitted that the government is under a Constitutional obligation to eliminate caste-based discrimination and to construct casteless society and there is no arrangement in the Constitution regarding caste setups.
They said a central legislation was required for holding caste census and states can not set about it by themselves.