The has held that no private educational institution or private employer within Tamil Nadu can mandatorily collect caste or community details from job seekers or students. A Division Bench of Justice C.V. Karthikeyan and Justice R. Sakthivel disposed of W.P.(MD) No.17018 of 2026, filed by N. Vikraman, , on , with a direction that revives the force of a 26-year-old government order on voluntary caste disclosure.
Vikraman had approached the court under seeking a — a direction compelling public authorities to act — against the , its Higher Education, School Education and Labour and Employment departments, the and the . His prayer was twofold: first, to restrain private educational institutions and private employers in the State from making caste or community columns compulsory in application forms unless a specific statutory provision required the information; and second, to compel the authorities to frame regulatory measures ensuring anti-discrimination safeguards in private institutions.
A 2000 order that schools were told to follow
The court traced the issue to G.O.Ms.No.205 issued by the on . Issued with the avowed object of having a classless society, the order followed an earlier instruction in G.O.Ms.No.1210 of . It permitted students who did not wish to record their religion or caste in a Secondary School Leaving Certificate or Transfer Certificate to write "No Religion" or "No Caste" against those columns, or simply to leave the columns blank. The Director of School Education and the Director of Primary Education were told to follow the instruction scrupulously.
"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."
The present Division Bench recorded that the same issue had come up before the Principal Seat in W.P.No.18488 of 2016, . In that case, a Division Bench was asked to direct the Higher and School Education Departments to implement G.O.Ms.No.205 and to instruct educational institutions not to compel parents or wards to declare religion or caste at the time of admission. The petitioner there had also sought a direction that Transfer Certificates should not mention the student's religion or caste.
The earlier bench agreed that the government order was not being duly followed and needed to be re-emphasised. It directed the State to circulate the order and give it wide publicity, so that persons who did not want to declare their caste or religion would not be compelled to do so. But it refused to issue a blanket direction that caste should never appear on a Transfer Certificate, observing that some people may want to disclose it. If a person did not want the disclosure, however, there was no need to make it mandatory, keeping in mind G.O.Ms.No.205.
Petitioner warned of discrimination after non-disclosure
Before the present bench, Vikraman contended that leaving the caste column empty exposed candidates to adverse treatment. The judgment records that if the caste was not mentioned, then the candidate would be discriminated against and action would be taken. The court did not treat that submission as a factual finding; it considered it as the context in which the prayer was made.
After taking note of the earlier orders and the text of G.O.Ms.No.205, the Division Bench issued an operative direction:
"no private education institution or private employer within Tamil Nadu can mandatorily collect caste details."
The direction is significant because it goes beyond school certificates and expressly covers private workplaces as well as private educational institutions. It does not say that a person must conceal his or her caste; it says that the institution or employer cannot make collection of that information compulsory. The earlier Transfer Certificate position remains intact: disclosure may be made voluntarily, but cannot be imposed on a person who does not want it.
No further directions
The court, however, stopped short of granting the wider regulatory reliefs sought by the petitioner. It did not frame detailed rules on anti-discrimination safeguards in private institutions, nor did it impose costs.
"In view of the above, no further directions are issued except the aforementioned. The
stands disposed of accordingly.
."
Neither the nor the received any separate direction. The relief, as framed by the bench, ran directly against private institutions and employers within the State.
Read with G.O.Ms.No.205, the ruling means that a student seeking admission to a private educational institution, or a person applying for a job with a private employer in Tamil Nadu, may leave the caste column blank or state "No Caste" or "No Religion" without the application being rejected for that reason. The order also provides a benchmark for private application forms: the caste or community field may exist, but it cannot be a condition for acceptance of the form.
Because the bench issued the direction as the operative relief and added nothing further, the immediate legal position for private institutions and employers in Tamil Nadu is straightforward. Any private educational institution or private employer that continues to treat the caste or community column as compulsory in its admission or recruitment process will be acting contrary to the court's direction. The was disposed of accordingly, with no order as to costs.