Kerala High Court Directs Backward Classes Development Secretary To File Affidavit On Steps Taken For Socio-Economic Caste Survey
The Kerala High Court has directed the Secretary of the Department of Backward Classes Development to file an affidavit detailing the steps taken towards conducting a socio-economic caste survey in the State.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order in a contempt case.
The contempt case is filed for non-compliance of the decision in a writ petition relating to the inadequate representations of backward classes in two public services and the failure of the State government to conduct a socio-economic survey in terms of the Kerala State backward Classes Act, 1993.
Renjith D., IAS, Director of the Backward Classes Development Department, appeared in person and filed an affidavit. The Director stated that his department was entrusted with implementing government schemes and programmes concerning the educational, social and economic advancement of backward classes.
However, he submitted that decisions relating to the conduct of a socio-economic or caste survey, the use of data received from such a survey, and revision of the State list of Other Backward Classes were matters for the Government, acting through the Backward Classes Development Department as the administrative department.
According to the affidavit, such decisions are to be taken in consultation with the Kerala State Commission for Backward Classes, as required under Section 11(2) of the Kerala State Commission for Backward Classes Act, 1993.
The Director further stated that he had no independent authority to order a socio-economic or caste survey, decide upon the use of SECC-2011 data, or revise the State list of Other Backward Classes.
The Court referred to paragraph 45 of its earlier judgment, under which the Union and State Governments had been directed to finalise the report and submit it to the Commission, which was thereafter required to evaluate the report and submit recommendations to the State Government.
In view of the position set out by the Director, the High Court held that it was necessary to implead the Secretary, Department of Backward Classes Development in the proceedings. The court accordingly allowed the interlocutory application for impleadment of the Secretary as an additional respondent.
The Bench directed the Secretary to file an affidavit disclosing the steps taken so far for conducting the socio-economic caste survey within four weeks.
The matter has been posted on November 5 for further consideration.
During the hearing, counsel for the petitioner referred to a 2024 Government Order issued by the Chief Secretary of Telangana concerning a comprehensive door-to-door household survey covering socio-economic, educational, employment, political and caste-related particulars.
The Bench requested the Additional Advocate General to examine the Telangana Government Order and, if necessary, consider whether a similar order was required for implementing the directions issued by the Kerala High Court.
Case Title: Minority Indians Planning and Vigilance Commission Trust v Jatin Chopra and Ors.
Case No: Con. Case(C) 2097/ 2026
Counsel for Petitioner: Anand B. Menon, Azhar Assees, P.A. Mohammed Aslam
Counsel for Respondents: Dayasindhu Shreehari N.S, K.N. Abhilash