Issue BC certificates to converted Muslims: Madras HC

Chennai: Holding that a person belonging to Hindu backward class on conversion to Islam would continue to get the benefit of BC status, the Madras High Court on Wednesday asked the state government to direct authorities to issue BC community certificates to persons converted to Islam.

Quoting a Supreme Court judgement, Justice D Hariparanthaman in his order said, "I have no hesitation to come to the conclusion that a person belonging to Hindu Backward Class Community, on conversion to Islam, would get the benefit of backward class status."

The judge delivered his 88-page judgement while allowing a petition filed by one MU Aariffaa, who originally belonged to Hindu Nadar Community and later converted to Islam, claiming the same BC status as she was enjoying earlier.

The petition had sought a direction to the Tamil Nadu Public Service Commission (TNPSC) to appoint her as Section officer in Fire and Rescue Services under Backward Class Muslim Category.

Justice Hariparanthaman, while referring to several judgements of Supreme Court and High Courts, including Madras High Court, said TNPSC addressed letters to the District Collectors not to issue Backward class community certificates to the converted Muslims to the effect that converted Muslims are to be treated as others.

He said the Backward Classes commission in a letter dated April 5 last year recommended to take action against revenue officials for issuing community certificates to persons who converted to Islam certifying that they belong to BC Muslims.

While rejecting the view expressed by the commission, the judge said, "The commission has no basis and the same has to be rejected."

"In fact the effect would result in the denial of community certificate to all the converts to Islam though they are covered under List III of the Government order No:85 (dated July 20, 2008) which clearly says that a Hindu SC/MBC/BC on conversion to Islam, be treated only as a Backward class Muslim as per list III of the above government order."

While confirming that in both Christianity, and in Islam, if the conversion is from Hindu Forward community it could not be treated as backward community, the Judge said "It is not relevant as to whether the caste tag continues on conversion to Islam and the only thing that has to be seen is whether the convertor belonged to BC/MBC/SC before conversion to Islam."

"The only one thing that has to be seen is as to whether the candidate has genuinely converted to any one of the sects in List III of the above said Government order. If it is so there ends the matter," the judge said, allowing the plea.

The judge said the petitioner as a candidate belongs to backward class Muslim as mentioned in List III of G.O. And directed to place her at the appropriate place in the seniority list meant for Backward Class Muslim for selection for post of Station-Fire and Rescue Services-officer and pass consequential selection order if she is other wise eligible.

The woman, who had married one Basker, had after his death converted to Islam as Labbai Muslim in 2006 and changed her name from Visalakshi to M S Barveen Rifana. Later she married one Y Mohammed Saathick and got a community certificate issued by the Zonal Deputy Tahsildar, Tuticorin, and thereafter changed her name to MU.Aariffa.

She had applied for the post of VAO through TNPSC in 2010 and took the exams but when the results were declared her name was in the rejection list.

When she sought the reason, the TNPSC said "because of the conversion she is treated as 'others' that is forward community and her application itself was rejected, since she did not pay the examination fee treating herself as Backward class."

She filed a petition challenging it and the Madurai Bench of Madras High Court passed an interim order to reserve one post of VAO vacant until further orders. TNPSC rejected another application of her also citing the same reason.

This was also challenged and these two petitions were taken up by Justice V. Ramasubramanyan who allowed these pleas with a direction to the authorities to appoint her in any one of the posts within a period of four weeks from the date of receipt of the order which was not complied with by authorities.

Meanwhile, she applied for the posts in 'CSSE II' and took the tests but no orders were passed by TNPSC either selecting or rejecting to appoint her as section officer in fire and rescue services under Backward Class Muslim Category and hence she filed the present writ petition for a direction to appoint her in the post.