G. Balakrishnan v. State of Tamilnadu, rep. by The Secretary to Government, Higher Education Department, Fort St. George, Chennai
2016-06-15
R.MAHADEVAN, SANJAY KISHAN KAUL
body2016
DigiLaw.ai
ORDER : Mr. Sanjay Kishan Kaul, J. With the avowed object of having a classless society, the State Government issued the following Government Order on 31.07.2000, as under:- Government of Tamil Nadu Abstract Primary Education – Conferring of right to those who do not wish to mention religion and caste in school certificate – Orders issued. --------------- School Education (C2) Department G.O. Ms. No.205 Date: 31.07.2000 Read: G.O. Ms.1210 of Education Department dated 02.07.1973 ORDER: In the G.O. read above, it has already been instructed to the Director of School Education 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. As it has come to notice that this is not being duly followed, the Director of School Education and the Director of Primary Education are instructed to scrupulously follow the instructions contained in the said G.O. in future as well. It is also ordered that further, while seeking admission or at any other time, when the parents do not wish or unable to disclose the religion and caste, the same need not be insisted upon. /By the order of the Governor/ M.A.GOWRISANKAR Secretary to Government. To The Director of Primary Education, Chennai-6. The Director of School Education, Chennai-6. 2. The learned counsel appearing for the petitioner submits that this Government Order is observed in breach and needs to be re-emphasised. 3. We are in agreement with the submission of the learned counsel for the petitioner and thus direct the respondents to circulate the 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. 4. In so far as the Transfer Certificate is concerned, we 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, we feel there is no need to mandatorily to do so, keeping in mind the aforesaid Government Order. 5. The writ petition, accordingly, stands disposed of. No costs. Petition disposed of.