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No Caste No Religion Certificate

SYNOPSIS : A Writ Petition was filed to direct the revenue authorities to issue 'No Caste No Religion Certificate' based on the representations sent to them on 25.09.2023 and 15.12.2023 before Hon'ble Justice S. M. Subramanian, Madras High Court. The Court observed that Revenue Authorities cannot issue such certificates, without any statute powers, rules, or orders conferred by the Government.

Posted On : 04-02-2024

Facts of the case

The petitioner prays in a writ petition to issue a writ of mandamus to direct the revenue authorities to issue a "No Caste, No Religion" certificate.

Question for discussion:

Whether the Revenue Authority Tahsildar has the power to issue such a certificate without any power conferred by the Government.

In the judgment it is said that

  • "Being a good citizen is the greatest contribution for the development of our great nation. It is the duty contemplated under Article 51(A) of the Constitution of India. Petitioner's desire to secure “No Cast No Religion” Certificate deserves to be appreciated, but the question arises as to whether such certificate can be issued by the Tahsildar in the absence of any power conferred by the Government to issue such nature of Certificate."

Examining the Government orders in the subject, originally the Government issued G.O.Ms.No.1210, Education Department dated 02.07.1973. and again Government issued G.O.Ms.No. 205, School Education Department dated 31.7.2000 and reiterates the same.

Both G.O. states that it is the discretion of the person to mention the caste and if they not interested to mention they have an option religion and leave caste and religion columns blank in Transfer Certificate and School Certificate. Based on the above said G.Os, the person is at liberty to leave the column provided for cast religion blank, which cannot be questioned by the authorities.

The court observed that

  • Issuance of certificate is to be construed as a general declaration which cannot be issued by the Revenue Authorities in the absence of powers conferred by the Government.

When the government/legislative has not empowered the Revenue Authorities to issue "No Caste No Religion" Certificate, High Court cannot exercise its power of Judicial Review under Article 226 of the Constitution of India to direct the revenue authorities to issue "No Caste No Religion" certificate.

And the in the judgment it is mentioned that, the petitioner is unable to produce any government order in favour of his claim to direct the revenue authorities to issue "No Caste No Religion" Certificate. It is suffice, if a person has not stated his caste and religion in the School certificate and Transfer Certificate. The petitioner cannot insist Revenue Authorities to the same.

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