Division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy J. delivered the judgment
Dev Raj, Patna: Patna High Court on Tuesday declared the caste-based survey initiated by the Nitish Kumar-led government in Bihar as “perfectly valid” and dismissed six writ petitions that had challenged the exercise, paving the way for its resumption.
The division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy J. delivered the judgment.
“We find the action of the state to be perfectly valid, initiated with due competence, with the legitimate aim of providing ‘development with justice’; as proclaimed in the address of both Houses (of Bihar legislature) and the actual survey has neither exercised nor contemplated any coercion to divulge the details and having passed the test of proportionality, thus not having violated the rights of privacy of the individual especially since it is in furtherance of a ‘compelling public interest’ which in effect is the ‘legitimate state interest’,” the bench said.
“We dismiss the writ petitions,” it added.
The six writ petitions were filed by social groups and individuals.
The second phase of the survey started on April 15 and was to end on May 15, but the high court had stayed it on May 4. The first phase was conducted in January.
