Private Employers, Educational Institutions Can't Mandatorily Seek Caste Details In Application Forms: Madras High Court

Background Facts

The petitioner filed a Writ Petition before the Madras High Court. The petitioner sought directions to the State of Tamil Nadu to prohibit private educational institutions and private employers within Tamil Nadu from mandatorily collecting caste or community details in application forms unless specifically required under statutory provisions. The petitioner also sought a direction to the State of Tamil Nadu to frame appropriate regulatory measures ensuring anti-discrimination safeguards in private institutions.

Further, in the case of G.Balakrishnan vs. State of Tamil Nadu, the similar relief was sought. A direction was sought to issue appropriate instructions to the authorities in the Higher and School Education Departments to take prompt steps to implement G.O.Ms.No.205 dated 31.07.2000 of the School Education (C-2) Department.

It was sought that appropriate directions should be issued to the Educational Institutions regarding the right of the parents/wards not to be compelled to declare their religion/caste while seeking admission into educational institutions. Further to permit such persons to mention as 'No Religion' and 'No Caste' against the respective columns.

A further direction was sought that the Educational institutions in the State should not mention the religion/caste of the student in the Transfer Certificate issued by the concerned educational institution.

It was submitted by the petitioner that G.O.Ms.No.205 dated 31.07.2000 issued by the State of Tamil Nadu was observed in breach and needs to be re-emphasised.

It was further argued by the petitioner that if the caste was not mentioned, then the candidate was discriminated and an action was taken against him.

Findings and Observations of the Court

It was observed by the Division Bench that for achieving the object of having a classless society, the State Government of Tamil Nadu issued G.O.Ms.No.205 on 31.07.2000. The Tamil Nadu Government Order stated that those who wish not to mention their religion or caste in the Secondary School Leaving Certificate and Transfer Certificate be permitted to mention 'No Religion', 'No Caste' against those columns or leave the columns blank.

The T.N. Government Order further mentioned that while seeking admission or at any other time, when the parents do not wish or are unable to disclose the religion and caste, the same need not be insisted upon.

It was further directed by the Division Bench to the State of Tamil Nadu to circulate the T.N. Government Order giving wide publicity, so that such persons who do not want to declare their caste or religion are not compelled to do so.

With respect to the Transfer Certificate, it was held by the Bench that it cannot issue a mandatory direction that caste should not be disclosed because some people may want to do so. However, if any person does not want the caste to be disclosed, there is no need to do so, in view of the T.N. Government Order.

Further, it was directed by the Division Bench that no private education institution or private employer within Tamil Nadu can mandatorily collect caste details.

With the aforesaid observations, the writ petition filed by the petitioner was disposed of by the Division Bench.

Counsel for the Petitioner : N. Vikraman

Counsel for the Respondent : K.K. Udayakumar Government Advocate