N.Vikraman vs The State of Tamil Nadu

Court
Madras High Court

2026:MHC:3608
W.P.(MD)No.17018 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.08.2026
CORAM
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.P.(MD)No.17018 of 2026
N.Vikraman ... Petitioner
vs.
1.The State of Tamil Nadu,
represented by its Chief Secretary,
Fort St. George, Chennai - 600 009.
2.The Principal Secretary to Government,
Higher Education Department,
Fort St.George, Chennai - 600 009.
3.The Principal Secretary to Government,
School Education Department,
Fort St.George, Chennai - 600 009.
4.The Principal Secretary to Government,
Labour and Employment Department,
Fort St.George, Chennai - 600 009.
5.The Secretary,
University Grants Commission (UGC),
New Delhi - 110 002.
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W.P.(MD)No.17018 of 2026
6.The Chairman,
All India Council For Technical Education (AICTE),
New Delhi - 11007. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the Respondents to
prohibit private educational institutions and private employers within
Tamil Nadu from mandatorily collecting caste or community details in
application forms unless specifically required under statutory provisions,
(b) to direct the Respondents to frame appropriate regulatory measures
ensuring anti discrimination safeguards in private institutions.
For Petitioner :Mr.N.Vikraman (Party-in-peson)
For R1 to R4 :Mr.K.K.Udayakumar
Government Advocate (Crl.side)
*
O R D E R
(Order of the Court was made by C.V. KARTHIKEYAN, J. )
The Writ Petition had been filed in the nature of a Mandamus
seeking a direction against respondents to prohibit private educational
institutions and private employers within Tamil Nadu from collecting
caste or community details mandatorily in application forms except
specifically required under certain statutory provisions.
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W.P.(MD)No.17018 of 2026
2.The same issue had come up for consideration before the
Principal Seat in W.P.No.18488 of 2016 in the case of G.Balakrishnan -
vs.-State of Tamil Nadu represented by Secretary to Government,
Higher Education Department, Chennai and another , wherein the relief
sought was as follows:
“Writ Petition filed under Article 226 of the
Constitution of India praying for issue of Writ of Mandamus
(a) directing the respondents to issue appropriate instructions
to the authorities in the Higher and School Education
Departments to take prompt steps to implement the
G.O.Ms.No.205 dated 31.07.2000 of the School Education
(C-2) Department by issuing appropriate directions to the
Educational Institutions coming under their respective
jurisdictions regarding the right of the parents/wards not to be
compelled to declare their religion/caste while seeking
admission into the educational institutions and permit such
persons to mention as “No Religion” and “No Caste” against
the respective columns; (b) directing the respondents to issue
appropriate instructions to all the Educational institutions in
the State directing not to mention the religion/caste of the
student in the Transfer Certificate issued by the educational
institution concerned, based on the petitioner's representation
dated 05.05.2016 within a time frame fixed by this Court.”
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W.P.(MD)No.17018 of 2026
3.The Division Bench in that case, had held as follows:
“With the avowed object of having a classless society,
the State Government issued the following Government Order
on 31.07.2000, as under:-
GOVERNMENT OF TAMIL NADU
ABSTRACT
Primary Education – Conferring of right to those who do not
wish to mention religion and caste in school certificate –
Orders issued.
----------------------------------------------------------------------------
SCHOOL EDUCATION (C2) DEPARTMENT
G.O.Ms.No.205 Date: 31.07.2000
Read: G.O.Ms.1210 of Education Department dated
02.07.1973
ORDER:
In the G.O. read above, it has already been instructed to
the Director of School Education that those who wish not to
mention their religion or caste in the Secondary School
Leaving Certificate and Transfer Certificate be permitted to
mention 'No Religion, 'No Caste' against those columns or
leave the columns blank. As it has come to notice that this is
not being duly followed, the Director of School Education and
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W.P.(MD)No.17018 of 2026
the Director of Primary Education are instructed to
scrupulously follow the instructions contained in the said G.O.
in future as well. 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.
/By the order of the Governor/
M.A.GOWRISANKAR
Secretary to Government.
To
The Director of Primary Education, Chennai-6.
The Director of School Education, Chennai-6.
2. The learned counsel appearing for the petitioner
submits that this Government Order is observed in breach and
needs to be reemphasised.
3. We are in agreement with the submission of the
learned counsel for the petitioner and thus direct the
respondents to circulate the Government Order giving wide
publicity, so that such persons who do not want to declare their
caste or religion are not compelled to do so.
4. In so far as the Transfer Certificate is concerned, we
cannot issue a mandatory direction that caste should not be
disclosed because some people may want to do so. However, if
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W.P.(MD)No.17018 of 2026
any person does not want the caste to be disclosed, we feel
there is no need to mandatorily to do so, keeping in mind the
aforesaid Government Order.
5. The writ petition, accordingly, stands disposed of. No
costs.
4.It is also informed that the Government had passed G.O.Ms.No.
205, School Education Department, dated 31.07.2000, in which it had
been stated as follows:
“ Miz
ghu;itapy; fhZk; murhizapy; ,ilepiyg;
gs;spr; rhd;wpjo; kw;Wk; khw;wy; rhd;wpjo; Mfpatw;wpy;
rhjp ,y;iy> rkak; ,y;iy vd;W Fwpg;gplNth>
me;j ,U gj;jpfSf;Fk; vjpuhf ,lj;ijf; fhypahf
tplNth vtUk; tpUk;gpdhy; mt;thNw nra;Ak; cupikia>
mtUf;F mspf;fyhk; vd gs;spf; fy;tp ,af;FeUf;F
Vw;fdNt mwpTWj;jg;gl;lJ. Mdhy; ,k;Kiw rupahf
filgpbf;fg;gltpy;iy vd;W mwpag;gLtjhy;>
murhizapy; njuptpj;Js;sij ,dptUk; fhyq;fspYk;
filgpbf;FkhW gs;spf;fy;tp ,af;Feu; kw;Wk;
njhlf;ff;fy;tp ,af;Feu; mwpTWj;jg;gLfpwhu;fs;. NkYk;
gs;spapy; NrUk;NghJk; kw;w rkaq;fspYk; ngw;Nwhu;
tpUg;gg;glhtpl;lhYk;> njuptpf;f ,ayhtpl;lhYk;> rhjp>
rka Fwpg;G Njitapy;iy vdTk; Mizaplg;gLfpwJ. ”
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W.P.(MD)No.17018 of 2026
5.The learned Counsel for the petitioner has stated that if the caste
is not mentioned, then the candidate would be discriminated and action
would be taken.
6.But however, we issue a direction now that no private education
institution or private employer within Tamil Nadu can mandatorily
collect caste details.
7.In view of the above, no further directions are issued except the
aforementioned. The Writ Petition stands disposed of accordingly. No
costs.

[C.V.K, J.] [R.S.V, J.]
Index :Yes / No 31.08.2026
Internet :Yes / No
NCC :Yes / No
cmr
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W.P.(MD)No.17018 of 2026
To
1.The State of Tamil Nadu,
represented by its Chief Secretary,
Fort St. George, Chennai - 600 009.
2.The Principal Secretary to Government,
Higher Education Department,
Fort St.George, Chennai - 600 009.
3.The Principal Secretary to Government,
School Education Department,
Fort St.George, Chennai - 600 009.
4.The Principal Secretary to Government,
Labour and Employment Department,
Fort St.George, Chennai - 600 009.
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W.P.(MD)No.17018 of 2026
C.V. KARTHIKEYAN , J.
AND
R.SAKTHIVEL, J.
cmr
W.P.(MD)No.17018 of 2026
31.08.2026
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