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"One way or the other the interim relief has to be considered on merits. Let a division bench of the High Court consider it", the Supreme Court observed while relegating the issue to the High Court.
A division bench of the Supreme Court today refused to entertain a plea challenging the caste-based survey which is being conducted in the state of Bihar.
"While not entertaining the present SLP, we allow the petitioners to move an application for early hearing on interim relief before the High Court. Same to be preferably decided within 3 days of filing", a bench of Justices MR Shah and JB Pardiwala ordered.
The court has also not said anything on the merits of the case.
Senior Advocate Mukul Rohatgi had submitted before the Court today that this was a serious case and the High Court had refused to grant interim relief.
Rohatgi had further told the bench that the census was being carried out with such urgency due to elections being close in the state.
The first round of caste survey in Bihar was conducted between January 7 and 21. The second round started on April 15 and will continue till May 15.
The plea challenged the caste-based survey on the ground that it was not a survey for a sample population, but a census, involving house-to-house enumeration of all people, which only the Centre could undertake.
Case Title: Youth for Equality vs. The State of Bihar
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