The Tamil Nadu government has filed an appeal in the Supreme Court challenging a Madras High Court judgment that ruled individuals converting to Islam cannot claim reservation benefits under the Backward Class (Muslim) category solely based on conversion.
Background of the Government Order
The appeal was filed by the secretary to the state government against the high court's decision, which declared unconstitutional a Government Order (GO) issued on March 9, 2024. The GO had permitted persons belonging to Backward Classes (BC), Most Backward Classes (MBC), Denotified Communities (DNC), or Scheduled Castes (SC) who subsequently converted to Islam to be treated as BC (Muslim). It allowed them to obtain community certificates under one of the seven notified Muslim communities for availing reservation benefits.
High Court Ruling
A Division Bench of Justices GR Swaminathan and PB Balaji struck down the GO, holding that it was contrary to binding judicial precedents of both the Supreme Court and the Madras High Court. The bench observed that a person converting to Islam could only be treated as a Muslim and could not, by virtue of conversion alone, be classified as belonging to any specific notified Backward Class Muslim community for reservation purposes.
The Petitioner's Case
The judgment arose from a petition filed by Sameer Ahamed, who converted from Hinduism to Islam in 2015, with the conversion notified through a Gazette notification in 2016. He subsequently married according to Islamic rites and sought a certificate identifying him as belonging to the "Muslim Lebbai" community to avail reservation benefits. His application was rejected by the tehsildar, prompting him to move the high court.
State's Argument
The Tamil Nadu government contends that the high court's ruling undermines the state's policy to extend reservation benefits to converts from marginalized communities. The state argues that the GO was designed to address historical disadvantages faced by these converts and that the high court erred in its interpretation of precedents.
Implications
The Supreme Court's decision on this appeal could have significant implications for reservation policies in Tamil Nadu and potentially other states. The case highlights the ongoing legal debate over the intersection of religious conversion and caste-based affirmative action. The state's appeal seeks to restore the GO, which it considers essential for ensuring social justice for converts.
