The central legal point established is that the Revenue Authority cannot issue a 'No Caste No Religion' certificate without specific powers conferred by the Government.

ORDER :

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 Caste 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.

2. In the absence of any such power conferred on the Tahsildar, the High Court cannot issue directions to grant such certificates by exercising its powers on judicial review under Article 226 of the Constitution of India. For issuing such directions, it is necessary to ascertain the powers conferred on the Authorities under law or by the Government, as the case may be.

3. Learned Additional Government Pleader, appearing on behalf of the respondents, would submit that the Tahsildars are not conferred with the power to issue “No Caste No Religion” Certificate. The Tahsildars are empowered to issue listed certificates as per the Government Orders.

4. Issuance of “No Caste No Religion” Certificate would have certain implications. For inheritance/succession personal laws are applied and therefore, a decision by a person and its repercussions are to be looked into. Rule of reservations are availed of by the citizen, therefore, certain decisions, if taken without understanding the repercussions and consequences, would affect the future generations. Examining the Government orders in the subject, originally the Government issued G.O.Ms.No.1210, Education Department dated 02.07.1973. The said Government order states that it is the discretion of any person to mention their caste or religion. They can leave the columns blank in the Transfer Certificate and School Certificates. Therefore, the right to leave the column blank in respect of caste and religion has been conferred on the individual person. Subsequently, the said position was reiterated by the Government by issuing G.O.Ms.No. 205, School Education Department dated 31.7.2000. The G.O.Ms.No.205 was issued reiterating the decision taken by the Government in G.O.Ms.No.1210 dated 02.07.1973. Therefore, the persons at the time of admission to Schools or educational institutions are at liberty to mention their caste and religion or to leave the respective columns blank, which cannot be questioned by the authorises. The caste or religion columns in the forms are unnecessary if a decision is taken by the individuals. With reference to the above Government Orders, the petitioner is at liberty to fill the application form in the School Certificates and Transfer Certificate, at the time of admission or otherwise as per his choice. The petitioner is at liberty to leave the column provided for caste and religion blank, which cannot be questioned by the Authorities.

5. However, question of issuance of certificate of “No Caste No Religion” does not arise at all. 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. It is a suffice if a person has not stated his caste and religion in the School Certificates or Transfer certificate but such persons cannot insist the Revenue Authority to issue certificate namely “No Caste No Religion” Certificate.

6. In the absence of any power conferred on the Revenue Authority to issue “No Caste No Religion” Certificate, High Court in exercise of powers under Judicial Review under Article 226 of the Constitution of India, cannot issue a direction to issue such certificate, which will open flood gate for other persons to seek such certificate and the authorities will be forced to issue such certificate in the absence of any such powers conferred either under any statute or by the Government.

7. The Learned counsel for the petitioner is unable to produce any Government order or statute that he is entitled to