Issuing ‘no caste, no religion’ certificate unconstitutional: HC

CHENNAI: Issuance of ‘no caste, no religion certificate’ by the Revenue department without a GO is unconstitutional and would lead to the administrative anarchy, opined the Madras High Court and dismissed the plea seeking such a certificate.

The petitioner, H Santhosh, moved the court seeking to direct the State to consider his representation and issue ‘no caste, no religion’ certificate.

However, Justice SM Subramaniam, while appreciating the petitioner’s desire to secure the certificate, observed that such a certificate could be issued by the tahsildar in the absence of any power conferred by the government.

“Such unguided powers would lead to administrative anarchy and become unconstitutional. If the court entertains the petitioner’s plea, it will open a floodgate for other persons to seek such a certificate, forcing the authorities to issue it in the absence of any such powers,” he added, and dismissed the plea.

“Certain decisions, if taken without understanding the repercussions and consequences, would affect the future generation,” opined Justice Subramaniam in the order.

The GO stated that it was the discretion of any person to mention their caste or religion. “They could leave the columns blank in the transfer certificate and school certificates,” the court added. “The right to leave the caste-religion column blank has been conferred on the individual person, which cannot be questioned by the authorities.”

Additional government pleader Vadivelu Deenadayalan submitted that tahsildars were empowered to issue listed certificates alone and not conferred with the power to issue such a certificate.