Can't Continue Caste Of Birth After Religious Conversion: Madras HC Dismisses Backward Quota Claim Of Man Who Converted To Islam
The Madras High Court has dismissed the plea of a man who was not included in the final list of Combined Civil Services Examination – II as the Tamil Nadu Public Service Commission did not treat him under the "Backward Class (Muslim)" category but considered him under "General" category.
The bench of Justice G.R. Swaminathan noted that "As observed in S.Yasmine case, a person cannot carry his community of birth even after conversion."
The Court also observed that the question- Whether a person who has converted to another religion should be given the benefit of reservation, is pending adjudication before the Supreme Court.
"When the Hon'ble Supreme Court is seized of the matter, it is not for this Court to uphold the claim of the petitioner.", the Court held.
Senior Advocate M.Ajmalkhan appeared for the petitioner whereas Special Government Pleader A.K.Manikkam appeared for the State.
The petitioner as well as his family members were Hindus. They belonged to Most Backward Class (DNC). They got converted to Islam.
When Tamil Nadu Public Service Commission invited applications for direct recruitment to the posts included in Combined Civil Services Examination – II (Group-II Services), the petitioner applied in response thereto.
He cleared the preliminary written examination. He also wrote the main examination. But he was not included in the final selection list.
He invoked the provisions of the Right to Information Act and came to know that the reason for his non-selection was because TNPSC did not treat him under "BC (Muslim)" category but considered him under "General" category.
Questioning the said stand taken by TNPSC, the petitioner approached the High Court.
The Court noted that in the case of G.Michael v. S.Venkateswaran, it was observed that a member of one of the castes or sub-castes when he is converted to Islam ceases to be a member of any caste.
The Court also observed that the Tamil Nadu Government had in four letters laid down that the candidates who have converted to Islam from other religion will be considered only as "others category".
Thus the Court held that the stand taken by the Tamil Nadu Public Service Commission in the present case was correct.
Accordingly, the Court dismissed the petition.
Cause Title- U.Akbar Ali v. State of Tamil Nadu & Ors.
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