Convert To Islam Cannot Claim Backward Class Muslim Reservation Status: Madras High Court Strikes Down Govt. Order

The Division Bench further held that the Tamil Nadu Government had no authority to issue a Government Order undermining a binding judicial decision, since the executive cannot override, review or revise a court's final judgment and any attempt to do so strikes at the rule of law.

The Court additionally held that membership of a notified Muslim community such as Labbai, Rowther, Marakkayar or Deccani Muslim is determined solely by birth and cannot be acquired by conversion, since these are communities and not theological sects, and it is inconceivable in principle that a person can convert into one of them.

A Division Bench comprising Justice G.R. Swaminathan and Justice P.B. Balaji observed, “When the Division Bench of the Madras High Court in G. Michael had held that a convert to Islam becomes just a Mussalman, it is not open to the State Government to issue a G.O undermining the said decision. That is exactly what the Government has done by recognising that there can be conversion to any one of the 7 sects of Muslims identified as Backward Class Muslim”.

“…Once we find that the said G.O is illegal, it is our bounden judicial duty to declare it to be so. We accordingly declare that the said G.O is unconstitutional. The order impugned in the writ petition is sustained. This writ petition is disposed of accordingly. No costs. Connected Miscellaneous Petition is closed. As a corollary, we hold that a convert to Islam cannot claim the status of Backward Class Muslim. He is only a Muslim and that’s all there is to it”, the Bench further observed.

Advocate Maheswaran R. appeared for the petitioner and L. Siva, Government Advocate appeared for the respondent.

The Court referring to G. Michael v. S.Venkateswaran (1952) 1 MLJ 239, a 1951 Division Bench decision approved by the Supreme Court as recently as 2024 in C. Selvarani v. Special Secretary cum District Collector (2024) 16 SCC 537 observed, “The Christian missionaries as well as Islamic preachers harangued through decades and centuries that their religions offer social equality unlike Hinduism which has caste as its inherent feature. Having taken such a stand for effecting conversions, it is disingenuous to claim that there is hierarchy in Islam also. In our respectful view, categorising certain sects as Backward and the remaining as Forward is antithetical to Quranic injunctions. Islam seeks to establish an egalitarian society. Everyone is equal in the eye of God. There is no social hierarchy”.

“Be that as it may, due to historical reasons, the Islamic society is also stratified into various communities. One can even boldly remark that they are akin to caste in Hinduism. Just as caste is determined by birth, one is a Rowther or Marakkayar or Deccani Muslim by birth alone. It is ridiculous to suggest that one can be converted into a Rowther Muslim. As held by the Division Bench of the Madras High Court more than 75 years ago, upon conversion to Islam, one becomes a Muslim. The Hon’ble Division Bench used the expression ‘just a Mussalman’. He cannot be pigeonholed into any particular sect or community which can be only by virtue of one’s birth therein”, the Bench categorically observed.

The petitioner, born a Hindu named Paramasivam, converted to Islam in 2015 and changed his name to Sameer Ahamed. He sought a community certificate certifying him as Muslim Lebbai to avail Backward Class reservation benefits.

The application was rejected by the Tahsildar, pursuant to which the petitioner then challenged the rejection relying on G.O. (Ms) No. 31 dated March 09, 2024, which the Tamil Nadu Backward Classes Commission had recommended and the State Government had issued, directing that BC/MBC/SC converts to Islam be treated as Backward Class Muslims and issued community certificates as belonging to one of the seven notified sects.

The Court held that the impugned G.O. was issued precisely to circumvent this line of authority, which the executive has no power to do. It further observed that categorising certain Islamic communities as backward is antithetical to Quranic injunctions of equality, citing the Holy Quran's verse from Sura Hujurat and the Prophet's farewell sermon, while acknowledging that due to historical reasons Islamic society is also stratified in ways akin to caste, which is precisely why membership of such communities can only be by birth and not by conversion.

“The sheer arbitrariness of the impugned G.O. becomes manifest for one more reason. The Backward Classes Commission’s recommendation as well as G.O (Ms) No.31 dated 09.03.2024 provide for accommodating BC/MBC/DNC/SC convertees in any one of the 7 slots. In other words, a SC who is at the bottom-most rung of the social ladder is put on par with a BC. The Hon’ble Supreme Court in catena of decisions has held that OBCs and SCs form separate categories. Just for the sake of ensuring that the converts to Islam continue to enjoy some form of reservation benefit, such a bunching has been done by the State Government. This exposes the inherent flaw in the approach adopted by the Government”, the Bench further observed.

“One can take judicial notice of the fact that when a person embraces Islam, the Jamath issues a certificate to the effect that he has become a Muslim. Even in the petitioner’s case, the certificate issued by the Sunnath Jamath of Kayathar certifies that he has embraced the Islamic path. We have no option but to conclude that only to undo the judgments of this Court, has the Government come out with an innovation that is not only unconstitutional but also un-Islamic”, the Bench said.

The G.O. was declared unconstitutional. The Tahsildar's rejection order was upheld and the writ petition was dismissed.

Cause Title: Sameer Ahamed N. v. The District Collector, Thoothukudi and Others WP(MD) No. 7127 of 2022

Appearances:

Petitioner: Maheswaran R., Advocate

Respondent: L. Siva, Government Advocate.

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