Article 25 of the Constitution guarantees freedom of conscience, including the right to declare non-belief in any religion, but requires quantifiable evidence for public interest claims.

ORDER :

Alok Aradhe, C.J.

1. Mr. D. Suresh Kumar, learned counsel for the petitioners.

Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for respondent Nos. 1 and 2.

Mr. Mohammed Imran Khan, learned Additional Advocate General for respondent No. 3.

Mr. T. Venkat Raju, learned Government Pleader for School Education for respondent Nos. 5 and 6.

Mr. Y. Shrayas Reddy, learned counsel represents M/s. Indus Law Firm for respondent No. 7.

2. Facts leading to filing of this public interest litigation are that the petitioner No. 1 is a Journalist, whereas the petitioner No. 2 is employed as an agricultural officer in the Office of the Joint Director of Agriculture. The petitioners had filed the writ petition, namely W.P. No.9469 of 2010 seeking a declaration that the action of the Principal, St.Anns High School, Tarnaka, Secunderabad in orally rejecting the application for admission of the petitioners' minor child for stating her status of religion and caste as non-religious.

3. In the aforesaid writ petition, an interim order dated 26.04.2010 passed directing the Principal, St.Anns High School, Secunderabad to consider the application of the daughter of the petitioners for admission into L.K.G without reference to column 'religion' and not to reject the application solely on the ground that the petitioners have failed to disclose the religion of their ward as well as the religion of their own. The aforesaid writ petition preferred by the petitioners was subsequently dismissed by the learned Single Judge of this Court vide order dated 05.01.2016 for want of prosecution. It is not in dispute that the grievance of the petitioners with regard to admission of their daughter in L.K.G., in St.Anns High School, Secunderabad has been redressed.

4. Thereafter, on 03.01.2017, the petitioners have filed this writ petition as public interest litigation seeking a direction to the respondents to take steps to issue appropriate guidelines and provisions to record nonreligious and no caste as an identity in addition to all other existing identities in all education and employment institutions under their respective jurisdictions. The petitioners have also sought a direction to receive the application for admission of petitioners' minor children without insisting for mentioning either the caste or religion. A similar relief has been sought for all other similarly situated persons as well.

5. Learned Senior Counsel for the petitioners submitted that the petitioner No. 1 is a Hindu, whereas the wife, namely petitioner No. 2 is a Christian. The petitioner No. 1 is a Marxist- Lenist and Maoist thought follower and therefore, the petitioners do not practice any religion and do not believe in any caste. It is submitted that Article 25 of the Constitution of India confers freedom of conscience on a citizen and the same is a fundamental right guaranteed to a citizen. It is further submitted that right freely to profess, practise and propagate religion, includes a right to a citizen to say that he does not believe in any religion. It is contended that the action of the respondent Nos. 1 to 6 in compelling such persons who do not believe either in religion or caste amounts to giving a forced identity to them and is, therefore, violative of Article 25 of the Constitution of India. It is further submitted that the official respondents be directed to provide an additional column in school admission forms, online examination form of Secondary School Certificate (SSC), school leaving transfer certificates and all education and employment enrolment forms and in Indian Census Forms to provide for a column namely "no religion no caste".

6. It is admitted that in pursuance of interim order passed in W.P. No.9469 of 2010, the personal grievance of the petitioners stands redressed. It is pointed out that two other persons, who were practising 'no caste no religion', had also filed a writ petition, namely W.P. No.27398 of 2021, which was disposed of by the learned Sin