The bench of Justice CV Karthikeyan and Justice R Sakthivel held that the matter was a policy decision of the government and the individual choice of the person giving data, as at times the person may not choose to state their caste. The court also noted that the new census procedure had already started and thus, the rules governing the same would prevail.

“In both the writ petitions, the relief sought is to include the OBC category in Census. However, we would only state that whether to include the OBC category or any other caste in the Census is a policy decision and is also a matter to be left to the individual members who provide data for the Census. They may choose not to state their caste. There cannot be any compulsion in this regard. As of now, the new Census procedure has started, and the rules governing the present Census, which is now underway, alone will prevail,” the court said.

The court was hearing two writ petitions. The first plea sought to include the OBC category in the House Listing Operation (HLO) and Population Enumeration (PE) before the commencement of the decennial census 2021. The second plea had challenged a notification issued by the Home Secretary and the Registrar General and Census Commissioner of India, by which a decision was taken to stop caste-wise population enumeration except that of Scheduled Castes and Scheduled Tribes.

The court noted that the decision was taken by the Central Government as a matter of policy. The court also remarked that it was not for the court to dictate what policy should be taken by the Government.

Thus, the court was not inclined to interfere with the Central Government's notification and disposed the plea.

Counsel for Petitioner: Mr. M. Thirunavukkarasu, Mr. A. Rajini

Counsel for Respondent: Mr. K. R. Laxman Standing Counsel, Mr. B. Thanga Aravind

Case Title: Thavamanidevi v The Principle Secretary to Prime Minister

Citation: 2026 LiveLaw (Mad) 428

Case No: WP(MD). Nos.14200 of 2020 and 26376 of 2022