Madras High Court Dismisses Plea to Include OBC Category in Caste Census as Policy Decision

In a significant ruling, the Madurai Bench of the Madras High Court has dismissed two writ petitions that sought the inclusion of the Other Backward Classes (OBC) category in the decennial census, holding that such decisions rest squarely within the policy domain of the government and are not subject to judicial direction.

A Policy Matter, Not a Judicial One

The bench of Justice C.V. Karthikeyan and Justice R. Sakthivel emphasized that courts cannot dictate policy choices. The court observed that whether to include the OBC category or any other caste in the census is a decision left to the government, and also to the individual providing data who may choose not to disclose their caste.

The Case and the Challenge

The petitions were filed by Thavamanidevi (WP(MD) No.14200 of 2020) and Brasil (WP(MD) No.26376 of 2022). The first petition sought a mandamus directing the respondents to consider a representation to include OBC in the House Listing Operation (HLO) and Population Enumeration (PE) before the commencement of the decennial census 2021. The second petition challenged a September 15, 2020 notification by the Home Secretary and the Registrar General and Census Commissioner of India, which had decided to stop caste-wise population enumeration other than for Scheduled Castes and Scheduled Tribes.

The petitioners argued that excluding OBC data would deprive backward classes of accurate representation and welfare benefits, and that the government's decision was arbitrary.

Census Underway, Rules Will Prevail

The court noted that the new census procedure has already started and the rules governing that procedure will prevail. "As of now, the new Census procedure has started, and the rules governing the present Census, which is now underway, alone will prevail," the bench observed.

The court further stated that it was not for the judiciary to indicate the nature of the policy to be taken by the government, and that the decision to stop caste-wise enumeration was a matter of government policy.

Key Observations from the Court

The court made pivotal observations in its order:

"In both the writ petitions , the relief sought is to include the OBC category in Census. However, we would only state that whether to include the OBC category or any other caste in the Census is a policy decision and is also a matter to be left to the individual members who provide data for the Census. They may choose not to state their caste. There cannot be any compulsion in this regard."

The Final Decision

The court disposed of both writ petitions without setting aside the impugned notification. No costs were awarded. The bench made it clear that it is not for the courts to dictate policy choices, and that the government's policy decision regarding caste enumeration will stand.

This ruling effectively upholds the Central Government's 2020 notification restricting caste-wise data collection to SC/ST categories, leaving any changes to the discretion of the executive.