Conversion to Islam won’t result in denial of community status: HC

Chennai:

Will a Hindu’s conversion to Islam deny the person the reservation status accorded to the Muslim community guaranteed under the Government order? The answer is no as Madras high court has issued a general direction to the state government to issue backward class community certificate to all persons converted to Islam in accordance with Government order 85.

Rejecting the arguments of Tamil Nadu Public Service Commission Commission that converted Muslim is not included in the List III of the Government Order since he or she is not born as Muslim, Justice D Hariparanthaman said that in the interest of justice a general direction is issued to principal secretary, backward classes, most backward classes and minorities welfare department and Revenue secretary to issue directions to competent authorities to issue Backward Class community certificate to persons converted to Islam as per Government Order 85.

The judge passed the order after a petitioner Visalakshi, who converted to Islam as Labbai Muslim, approached the court over TNPSC refusal to grant her backward class community Muslim status and appoint her as station officer – fire and rescue services officer.

She had submitted that TNPSC treated the petitioner being a converted labbai Musilm as ‘Others’ as per the directions issued by the state government in letters dated February 4, 2010 and August 22, 2012 to the effect that the converts from Hinduism to Islam shall be treated as ‘Others”.

Quoting Apex court pronouncement in Indra Sawhney’s case, the judge said that he has no hestitation to come to conclusion that a person belonging to Hindu Backward Class community on conversion to Islam would get the benefit of backward class status if the person is covered under List III of Government Order Number 85. Interestingly, Labbai is considered a backward class community in the GO.

The judge also stated that the view expressed by Tamil Nadu Backward Classes Commission that community certificate issued to persons converted to Islam as false and fraudulent in a letter dated April 5, 2013, has no basis and has to be rejected.

“In fact, the effect would result in denial of community certificate to all converts of Islam, though they are covered under List III of Government Order number 85,” the judge said.

“I have no hesitation in directing the secretary personnel and administrative reforms as well as the secretary of backward classes, most backward classes and minorities welfare department of state government to ignore the letter of state backward classes commission,” the judge stated.

Allowing the petition, the judge ruled to treat the petitioner as a candidate belonging to Backward class Muslim and place her at the appropriate place of seniority list meant for BC Muslim for selection for the post of Station-Fire and Rescue Service Officer and pass consequential selection order, if she is otherwise eligible.