Supreme Court junks Maharashtra government plea seeking direction to Centre to share raw caste Census data

New Delhi: The Supreme Court on Wednesday junked a petition by Maharashtra government seeking a direction to the Centre to provide Socio-Economic Caste Census on Other Backward Classes (OBCs), after taking into consideration Centre's contention that data collected is flawed. The Maharashtra government sought raw data collected in the Socio-Economic Caste Census (SECC) held in 2011.

The Centre told the apex court that the SECC was resorted to by way of separate decision by Cabinet, which was not an OBC survey but to ascertain caste status of all households in the country. A bench headed by Justice A.M. Khanwilkar noted that as per Union of India the information collated in the exercise is unusable.

The top court recorded Centre's contention that the data is fraught with mistakes and the information collated during Census was specific to SC and ST only. The Maharashtra government sought the raw Census data for implementing reservation for OBC in the local body elections.

The bench also comprising Justice C.T. Ravikumar dismissed the petition filed by the Maharashtra government, after considering Centre's submission that SECC-2011 was not an exercise to enumerate the data of backward classes. Solicitor General Tushar Mehta represented the Centre in the matter.

Mehta submitted that SECC-2011 was not a Census exercise undertaken under the Census Act 1948, rather it was done on the basis of executive instructions of the concerned ministry to enumerate the caste status of households in the country for delivery of targeted benefits.

After hearing detailed arguments in the matter, the top court said it cannot issue a direction to the Centre to share the raw caste data of SECC-2011 with Maharashtra, as it will further create confusion.

In the order, the top court said: "The fact remains that the affidavit filed before this court by the Union of India emphatically states that data which is collated is not accurate and not usable."

The bench added that if that is the stand taken by the government, then "we fail to understand how mandamus can be issued to the respondent to permit the State of Maharashtra to use the date for any purpose".

Dismissing the Maharashtra government petition, the bench added, "Such direction will lead to confusion and uncertainty, which cannot be countenanced."