By A Mirsab, TwoCircles.net,
Chennai: In an unprecedented judgement, Madras High Court has held that a Hindu backward class (BC) woman shall be considered as BC Muslim after her conversion to Islam and denial of such BC certificate to her will be depriving of her fundamental rights guaranteed under the constitution.
In his order dated June 5, 2015, Justice D Hariparanthaman directed the Tamil Nadu Public Service Commission (TNPSC) that a converted Muslim woman who was denied employment by the authorities on the grounds that she is not a Muslim by birth be treated as BC Muslim while considering her for the post of typist in group IV services.
Ayesha, born in a Hindu family, embraced Islam on November 28, 2005, and in August 12, 2014 she obtained community certificate stating that she belonged to Muslim Labbai community. As per a July 19, 1994 government order, Muslim Labbai is a recognised BC community.
When TNPSC called for applications for the post of junior assistant/typist group IV, she applied for the post and wrote the examination on December 21, 2014. She scored 153 marks. Though she was called for certificate verification, her application was rejected at verification stage on the grounds that she was not eligible for the post as she was not a Muslim by birth. Since no order was passed on her representation explaining her position, she filed a petition in the Madras High Court.
In its reply before high court, TNPSC said Ayesha could have applied only under “others” category where the upper age limit was 30 years. She was aged 32 years, and hence she was not eligible to apply for the post.
Court after hearing both sides said that it has already judged a similar matter in case of MU Aariffaa last year in detail and Ayesha’s case is no different than her, therefore same ruling still holds as the earlier order was not stayed by the Supreme Court.
“In the light of the judgment referred to above (MU Aariffaa), a direction is issued to the respondent to treat the petitioner as Backward Community Muslim while considering her for the post of Typist in Group IV Services,” the court ordered.
In its 91 page judgment delivered in case on MU Aariffaa on April 9, 2014, Justice Hariparanthaman had meticulously scrutinized the issue of application of Backward class to the woman after her conversion to Islam as Labbai Muslim and after referring to several other judgements it had held, “Denial of Backward Class community certificate to the converted Muslims amounts to deprival of the fundamental rights guaranteed to them under Articles 15(4) and 16(4) of the Constitution”.
In the end of its order, the court had also indicated that orders should be issued against state government authorities to issue Backward Class Community Certificate to the persons converted to Islam.
“I am of the view that a general direction has to be issued, in the interest of justice, to the Principal Secretary, Backward Classes, Most Backward Classes and Minorities Welfare Department, and the Principal Secretary, Revenue Department, Government of Tamil Nadu, to issue necessary direction to the concerned competent authorities to issue Backward Class Community Certificate to the persons converted to Islam, as per G O Ms No 85, Backward classes, Most Backward Classes and Minorities Welfare Department, dated 29.07.2008.”