CHENNAI: In a landmark ruling that could have significant implications for reservation policies and religious conversion in Tamil Nadu, the Madurai Bench of the Madras High Court has held that a person who converts to Islam cannot claim the status of a Backward Class (Muslim) merely by embracing the religion. The Division Bench comprising Justices GR Swaminathan and PB Balaji struck down a State Government Order that permitted certain Hindu converts to avail reservation benefits under the BC (Muslim) category, declaring it unconstitutional.
The judgment came while deciding a writ petition filed by N. Sameer Ahamed, a resident of Thoothukudi district, who had sought a community certificate identifying him as “Muslim Lebbai,” one of the communities recognised under Tamil Nadu’s Backward Class (Muslim) category.
Petitioner Converted to Islam, Sought BC Muslim Certificate
According to the 15-page judgment authored by Justice G.R. Swaminathan, the petitioner was born as the son of a Hindu couple, Narayanan and Gomathiammal, in 1993. In 2015, he embraced Islam and changed his name to Sameer Ahamed, as certified by Sunnath Jamath, Kayathar.
He subsequently married under Islamic rites in 2016 and later applied for a community certificate identifying him as a “Muslim Lebbai.” However, the Tahsildar rejected his application, prompting him to approach the High Court.
The case took a new turn after the Tamil Nadu Government issued G.O. No. 31 dated March 9, 2024, permitting converts from Backward Classes, Most Backward Classes, Denotified Communities and Scheduled Castes to receive BC (Muslim) certificates upon conversion to one of seven notified Muslim communities.
Court Strikes Down Government Order
The High Court held that the Government Order could not withstand constitutional scrutiny.
The Bench observed that when the petition was initially filed, the petitioner had no legal basis for his claim. It was only after the State issued the Government Order that the claim acquired legal backing. The judges noted that despite the State strongly defending the G.O., it could not survive judicial examination because it directly conflicted with binding precedents.
The court therefore declared the Government Order unconstitutional and upheld the Tahsildar’s decision rejecting the community certificate.
Reliance on 1951 Madras High Court Judgment
A major pillar of the ruling was the Division Bench judgment in G. Michael vs S. Venkateswaran (1952), which had held that once a Hindu converts to Islam, he ceases to belong to any caste and becomes “just a Mussalman.”
Justice Swaminathan noted that the Supreme Court had also approved this principle in subsequent rulings.
The Bench reiterated that caste identity under Islam cannot be inherited through conversion and that social status within Muslim society is not determined by an individual’s caste before conversion.
‘One Becomes Only a Muslim’
The court made one of its strongest observations while explaining the legal consequences of conversion.
According to the judgment, once an individual embraces Islam, he becomes a Muslim and cannot automatically be classified into any of the seven notified Backward Class Muslim communities unless he is born into those communities.
The Bench observed that these communities represent birth-based social groups rather than categories that can be entered through religious conversion.
Consequently, the court ruled that executive action cannot create a legal fiction allowing converts to enter these communities for reservation purposes.
Court Questions Classification Within Islam
The judgment also questioned the broader constitutional basis of classifying sections of Muslims into backward and forward categories.
Justice Swaminathan observed that Islam fundamentally advocates equality among believers and discourages social hierarchies.
The court remarked that categorising only certain Muslim communities as backward appeared inconsistent with the egalitarian principles of Islam.
It further pointed out that what Tamil Nadu describes as “sects” are actually communities rather than theological sects like Sunni, Shia or Hanafi.
Background of the Government Order
The Government Order originated after another case involving U. Akbar Ali, who belonged to the Most Backward Class category before converting to Islam.
He sought reservation benefits under the BC (Muslim) category for public employment, but the Tamil Nadu Public Service Commission rejected his claim.
Justice Swaminathan, while hearing that matter earlier, had upheld the TNPSC’s stand by relying on the 1951 Division Bench precedent.
Following that judgment, the Tamil Nadu Backward Classes Commission recommended that converts from certain reserved categories be allowed BC (Muslim) status if they embraced one of the seven notified Muslim communities.
The State accepted this recommendation through G.O. No. 31 of 2024, which has now been struck down.
The Bench emphasised that the State Government lacks the authority to nullify binding judicial decisions through executive orders.
According to the judgment, the Government Order effectively attempted to overturn an established legal principle laid down decades ago by the High Court and subsequently endorsed by the Supreme Court.
The judges held that such an exercise was constitutionally impermissible.
The ruling is expected to have significant consequences for reservation policy in Tamil Nadu, particularly for individuals who convert to Islam and seek benefits under the BC (Muslim) category.
By declaring the Government Order unconstitutional, the High Court has reaffirmed that religious conversion alone does not automatically confer membership of a backward community recognised for reservation purposes.
