New Delhi: A caveat was on Thursday filed in the
Supreme Court against the Centre which is expected to file a
Special Leave Petition challenging the Madras High Court
direction for conduct of a caste-based census in the country.
A caveat is an application moved by a person pleading
that the court shall not pass any order until he/she is heard
in the matter.
In the present case, petitioners R Krishnamurthy and P
Emmanuel Prakasam, both advocates from Tamil Nadu have filed
the caveat anticipating that the union government would seek a
stay of the Madras High Court order.
The Madras High Court had recently directed the union
government to conduct caste-wise census on a PIL filed by the
advocates who had contented that it was essential to ensure
that reservation benefits accrued to deserving beneficiaries
on the basis of the latest data.
The PIL submitted the last caste census was conducted in
1931 and despite recommendations by the Mandal and Kalekar
Commissions, no such has exercise had been undertaken by the
According to the PIL, only through a caste-based census,
socially and economically backward class citizens and weaker
section of the country could be identified to dole out the
The Madras High Court bench of Acting Chief Justice E
Dharma Rao and T S Sivagnanam, while directing the Centre to
ensure caste-based census, agreed with the view that there
cannot be any dispute about the manifold increase in the
population of SC, STs, and other OBCs, which warranted a
caste based census.