Kerala High Court Impleads Backward Classes Secretary in Socio-Economic Caste Survey Case

The Kerala High Court has directed the Secretary of the Backward Classes Development Department to file an affidavit detailing the steps taken towards conducting a socio-economic caste survey in the state. The direction came in a contempt case where the court also impleaded Secretary Dr. Veena N. Madhavan as an additional respondent.

A division bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the order on September 28, 2026, in contempt proceedings initiated by the Minority Indians Planning and Vigilance Commission Trust. The trust had alleged non-compliance with an earlier court order regarding the inadequate representation of backward classes in public services and the failure to conduct a socio-economic survey under the Kerala State Commission for Backward Classes Act, 1993.

Director's Affidavit Reveals Lack of Authority

During the hearing, Renjith D. IAS, Director of the Backward Classes Development Department, appeared in person and filed an affidavit. He stated that while his department implements government schemes for backward classes, decisions on conducting a socio-economic or caste survey, using SECC-2011 data, or revising the State list of Other Backward Classes are taken by the government in consultation with the Kerala State Commission for Backward Classes as required by Section 11(2) of the Act. The Director emphasised that he has no independent authority to order such a survey.

The court noted that its earlier judgment in paragraph 45 had directed the Union and State Governments to finalise a report and submit it to the Commission, which would then evaluate it and submit recommendations to the State Government.

Court Impleads Secretary, Seeks Affidavit

Observing that the Director lacked the authority to take the required decisions, the bench found it necessary to implead the Secretary of the Backward Classes Development Department. The court allowed I.A. No. 2 of 2026 and added Dr. Veena N. Madhavan as an additional respondent.

The court ordered: "The added respondent shall file an affidavit disclosing the steps so far taken for conducting the socio-economic caste survey, within a period of four weeks from today, upon prior service of a copy thereof on the learned counsel for the petitioner and the other appearing respondents."

Telangana Model Cited as Precedent

The petitioner's counsel drew the court's attention to a Government Order from Telangana (G.O.Ms.No.18 dated October 10, 2024) issued by the Chief Secretary. The order outlines a comprehensive door-to-door household survey covering socio-economic, educational, employment, political and caste aspects of the population. The survey is intended to plan and implement opportunities for the amelioration of Backward Classes, Scheduled Castes, Scheduled Tribes and other weaker sections.

The bench requested the Additional Advocate General to examine the Telangana Government Order and consider whether a similar order is required for implementing the directions issued by the Kerala High Court.

Matter Listed for November 5

The court dispensed with the personal appearance of the second respondent for the time being and listed the matter for further consideration on November 5, 2026. The newly impleaded Secretary has been directed to file the required affidavit within four weeks, setting the stage for the next phase of proceedings in this significant contempt case concerning backward class welfare and survey implementation.