Revenue Authorities Not Empowered To Issue “No Caste, No Religion Certificate”:Madras High Court

Justice SM Subramaniam added that the Tahsildars could not issue certificates at their whims and fancies and such unguided powers would lead to administrative anarchy and unconstitutionality.

“In the absence of any such Government Orders, the Tahsildars cannot issue any and every certificate at their whims and fancies. Such unguided powers would lead to administrative anarchy and become unconstitutional. The Revenue Authority is expected to exercise their powers within the ambit of the statutes, rules and the Government Orders in force. They are not expected to issue the certificates at their choice,” the court observed.

The court was hearing the plea of a man seeking directions to the Tirupathur District Collector to issue a “No Caste No Religion Certificate” based on his representation.

While the court appreciated the man's desire to secure such a certificate, the court noted that the government did not confer any powers on the Tahsildar to issue a certificate of such nature and in the absence of such powers, the court could not issue directions while exercising its powers of judicial review under Article 226 of the Constitution.

The court also noted that issuing a “No Caste No Religion Certificate” would have larger repercussions as personal laws were applied for inheritance/succession, reservation, etc. Thus, the court opined that if decisions were taken by individuals without understanding the repercussions and consequences, it would affect future generations also.

The court observed that as per the Government Order issued by the Education Department dated 02.07.1973, a person had the discretion to mention his caste and religion. The GO allowed a person to leave the columns blank in the Transfer Certificate and School Certificates. This view was reiterated in another GO Issued by the Education Department dated 31.07.2000.

Thus, the court opined that the petitioner was at liberty to leave the columns concerning his caste and religion blank. Since a direction to consider the representation would not do any good and would further lead to a multiplicity of proceedings, the court was not inclined to entertain the plea and hence dismissed the same.

Counsel for the Petitioner: Mr.M.Navin Kumar

Counsel for the Respondents: Mr.Vadivelu Deenadayalan, Additional Government Pleader

Citation: 2024 LiveLaw (Mad) 52

Case Title: H Santhosh v The District Collector

Case No: WP No.1290 of 2024