The case of cancellation of reservation for backward classes for those who converted to Islam in Tamil Nadu has reached the Supreme Court. The Tamil Nadu government has filed a petition in the Supreme Court against the order of cancellation of reservation by the Madras High Court. The High Court had declared the government order issued in 2024 as unconstitutional.
Madras High Court had said in its decision that a person who converted to Islam cannot get the benefit of backward class reservation. The High Court had declared a government order issued in 2024 as unconstitutional. In this order, a person belonging to Backward Classes (BC), Most Backward Classes (MBC), Emancipated Communities or Scheduled Castes who have converted to Islam was allowed to be considered a Backward Class (Muslim) and issued a community certificate of belonging to any one of the 7 notified communities to avail the benefits of reservation.
7 communities of Muslims notified as Backward Class Muslims under 'The Tamil Nadu Backwards Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993'- Ansars, Deccani Muslims, Dubekulas, Labbais (which include Routhers and Markyars), Mappilas, Sheikhs and Syeds come.
The High Court bench of Justice GR Swaminathan and Justice PB Balaji acknowledged in its decision that this government order was completely against the judicial decisions of the High Court and the Supreme Court, in which it has been said that only a person who embraces Islam can be considered a Muslim.
The High Court was hearing the petition of Sameer Ahmed, who had left Hinduism and converted to Islam in 2015. For this, a gazette notification (government order) was issued in 2016. Sameer also married according to Islamic customs and from this marriage he had two children. Meanwhile, Sameer applied for a community certificate declaring himself as a member of the “Muslim Labbai” community.
But the Tehsildar rejected this application, against whom this petition was filed. It was claimed on behalf of Sameer that as per the government order issued by the BC, MBC and MW department on March 9, 2024, the certificate can be issued to him.
After looking at the government order, the bench was of the opinion that it might not survive judicial scrutiny. Therefore, this bench included the state as a party to examine the validity of the government order during the hearing. The state argued that the government order was not issued arbitrarily.
On behalf of the government, it was argued that the Tamil Nadu Backward Classes Commission, vide letter dated February 6, 2024, had recommended to the government that people belonging to backward classes should be given community certificates if they convert to any of the 7 identified groups.
It was also argued that this government order was issued only after detailed deliberations. This order was also issued so that those who were already enjoying the benefits of reservation do not lose it due to conversion to Islam. In this way the state argued that giving reservation to such people was not going to have any impact on the social balance.
At present, challenging the decision of the High Court, the state government has filed a Special Leave Petition (SLP) in the Supreme Court on July 6. This petition of the state was filed by Advocate B. Karunakaran (AOR).
