Schools cannot compel students to disclose caste: SC

The Supreme Court on Monday said that schools in the country cannot compel students to disclose their caste status at the time of admission.

Any such disclosure shall be optional, or in other words, it should be left to the discretion of the student to divulge his/her caste identity, a bench headed by Chief Justice K G Balakrishnan said.

The bench, however, dismissed a PIL filed by an 81-year-old freedom fighter, Salemvelu Gandhi alias Velu, from Tamil Nadu who sought a complete ban on "caste disclosure" forms circulated by schools to students during admissions.

The apex court, while appreciating the "laudable objective" of the petitioner, said it cannot pass any direction on the issue as it would create problems for those who want to avail free scholarships and other benefits.

The bench said the school leaving certificate forms the basis for SCs, STs and BCs pursuing higher education or seeking jobs, as otherwise such beneficiaries would not be able to get the benefits.

FLAG CODE OF INDIA for Schools

SECTION II (of flag code of India)

2.3 The National Flag may be hoisted in educational institutions (schools, colleges, sports camps, scout camps, etc.) to inspire respect for the Flag. A model set of instructions for guidance is given below -
(i) The School will assemble in open square formation with pupils forming the three sides and the Flag-staff at the centre of the fourth side. The Headmaster, the pupil leader and the person unfurling the Flag (if other than the Headmaster) will stand three paces behind the Flag-staff.

(ii) The pupils will fall according to classes and in squads of ten (or other number according to strength). These squads will be arranged one behind the other. The pupil leader of the class will stand to the right of the first row of his class and the form master will stand three paces behind the last row of his class, towards the middle. The classes will be arranged along the square in the order of seniority with the seniormost class at the right end.

(iii) The distance between each row should be at least one pace (30 inches); and the space between Form and Form should be the same.

(iv) When each Form or Class is ready, the Class leader will step forward and salute the selected school pupil leader. As soon as all the Forms are ready, the school pupil leader will step up to the Headmaster and salute him. The Headmaster will return the salute. Then, the Flag will be unfurled. The School pupil leader may assist.

(v) The School pupil leader in charge of the parade (or assembly) will call the parade to attention, just before the unfurling, and he will call them to the salute when the Flag flies out. The parade will keep at the salute for a brief interval, and then on the command “order”, the parade will come to the attention position.

(vi) The Flag Salutation will be followed by the National Anthem. The parade will be kept at the attention during this part of the function.

(vii) On all occasions when the pledge is taken, the pledge will follow the National Anthem. When taking the pledge the Assembly will stand to attention and the Headmaster will administer the pledge ceremoniously and the Assembly will repeat it after him.

(viii) In pledging allegiance to the National Flag, the practice to be adopted in Schools is as follows:-

Standing with folded hands, all repeat together the following pledge:

“I pledge allegiance to the National Flag and to the Sovereign Socialist Secular Democratic Republic for which it stands.”