Caste is not carried forward with conversion: Madras HC rejects backward quota claim of Hindu man who converted to Islam

While rejecting the plea filed by a converted Muslim seeking benefit of reservation under the Backward Class (Muslim) category, Justice GR Swaminathan of the Madras High Court recently observed that caste is not carried forward with religious conversion.

Referring to the decision in S.Yasmine v. The Secretary, TNPSC (2013) rendered by Justice V.Ramasubramanian, Justice Swaminathan said that a person cannot carry his community of birth even after conversion.

"Whether such a person should be given the benefit of reservation even after conversion is a question that is pending adjudication before the Hon'ble 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," he said while dismissing the petitioner's plea filed against the action of the Tamil Nadu Public Service Commission (TNPSC) in not treating him as "Backward Class (Muslim)" but considering him in "General" category.

The petitioner as well as his family members were Hindus who belonged to Most Backward Class (DNC). They got converted to Islam in 2008, and a community certificate was also issued to the petitioner declaring that he belongs to the Labbais community. The community is included in the list of Backward Classes (Muslims).

In 2018, TNPSC conducted direct recruitment to the posts included in Combined Civil Services Examination – II (Group-II Services), however, the petitioner was not included in the final selection list. He got to know that the reason for his non-selection was because TNPSC did not treat him under the “Backward Class (Muslim)” category but considered him under the “General” category.

Challenging TNPSC's this decision, before the high court, the petitioner's counsel contended that since before conversion, the petitioner belonged to MBC (DNC) and in Tamil Nadu Muslims are also recognized as belonging to Backward Class, therefore, he should be considered as belonging to the BC community.

However, pressing for the dismissal of the petition, the Special Government Pleader as well as standing counsel appearing for the respondents submitted that when a similar issue was raised before the high court in 2013, it was closed as the matter was pending before the Hon'ble Supreme Court of India.

Justice Swaminathan said that it is not as if all Muslims have been recognized as belonging to Backward Class in Tamil Nadu. He pointed out that only certain communities are considered Backward Classes (Muslims) in Tamil Nadu,

He held that though the Labbais community falls under the BC(M) category, however, the jurisdictional Deputy Tahsildar, who had given a community certificate to the petitioner, had acted irregularly by breaching the mandate set out in the government letters which were binding on him.

Justice Swaminathan referred to four letters issued by the Government of Tamil Nadu which laid down that the candidates who have converted to Islam from other religions will be considered only in “others category”. He held that applying the hierarchy principle, the certificate issued by the jurisdictional Deputy Tahsildar will rank below that of a Government letter.

He concluded, "I hold that the letters mentioned above will prevail over any community certificate issued in breach thereof".

Moreover, he stressed that when the petitioner embraced Islam, the certificate issued by the Kazi of Tamil Nadu Government for Ramanathapuram District only stated that the petitioner has become a Muslim and nothing more.

"When the Kazi does not declare that the convertee is to be treated as belonging to the group of Labbais, I fail to understand as to how a revenue authority of a secular government can fix the converted individual in a particular slot or pigeon-hole," he said.

Justice Swaminathan referred to G.Michael v. S.Venkateswaran (1952) judgment of the High Court which states that when a Hindu gets converted to Islam, he becomes just a Mussalman, and his place in Muslim society is not determined by the caste to which he belonged before his conversion.

He also cited the decision of the First Bench of the High Court in M.K.Muzibur Ragman vs. UOI and Ors (2013) where a PIL had been filed to decide and declare the community status of the persons who convert from the Scheduled Caste Community to Islam and for consequential direction to the authorities to issue community certificate.

The High Court had then disposed of the petition stating that there was no purpose in entertaining the petition, as the very question was under the consideration before the Supreme Court.

Therefore, stating that when Supreme Court is seized of the matter, it is not for the High Court to uphold the claim of the petitioner, Justice Swaminathan refused to interfere with the stand taken by the TMPSC and dismissed the petition.

Case Title: U.Akbar Ali v. State of Tamil Nadu and Others