The Madras High Court on Wednesday struck down a Tamil Nadu government order (GO) that allowed persons from Backward Classes, Most Backward Classes, Denotified Communities and Scheduled Castes to be treated as Backward Class Muslims after converting to Islam [Sameer Ahmad Vs District Collector].
A Bench of Justices GR Swaminathan and PB Balaji held that a GO dated March 9, 2024 was unconstitutional.
“As a corollary, we hold that a convert to Islam cannot claim the status of Backward Class Muslim. He is only a Muslim and that’s all there is to it,” the Court said.
The Court was hearing a plea filed by Sameer Ahamed, formerly Paramasivam, who was born to a Hindu couple in Thoothukudi district.
He converted to Islam in 2015, changed his name, married as per Islamic rites and later applied for a community certificate identifying him as “Muslim Lebbai", one of seven sect recgonised as Backward Class Muslims under a State GO.
The Tahsildar rejected his application. Ahamed then moved the High Court.
During the hearing, the petitioner relied on the 2024 government order, under which converts from reserved categories could be issued community certificates as belonging to one of seven notified Backward Class Muslim groups in Tamil Nadu.
The State defended the order, arguing that it was based on a recommendation of the Tamil Nadu Backward Classes Commission. It submitted that only persons who already enjoyed reservation benefits before conversion would continue to get such benefits after conversion to Islam.
The Court rejected the stand.
The Bench noted that the Madras High Court had, as early as 1951, in G Michael v S Venkateswaran, held that when a Hindu converts to Islam, he becomes “just a Mussalman” and his place in Muslim society is not determined by his previous caste.
The Bench said this position had been approved by the Supreme Court in later decisions.
“When the proposition laid down by the Hon’ble Division Bench is holding the field, it cannot be undone by issuing a mere Government Order,” the Court said.
The Court held that the executive could not override or dilute binding judicial decisions through a government order. It said allowing the State to nullify judicial review in this manner would strike at the rule of law.
The Bench also found the GO arbitrary because it clubbed converts from Backward Classes, Most Backward Classes, Denotified Communities and Scheduled Caste communities into the same Backward Class Muslim category.
“Just for the sake of ensuring that the converts to Islam continue to enjoy some form of reservation benefit, such a bunching has been done by the State Government,” the Court observed.
The Court further noted that although Islamic society is also stratified into various communities, membership of such communities was determined by birth.
"One can even boldly remark that they (Muslim sects) are akin to caste in Hinduism. Just as caste is determined by birth, one is a Rowther or Marakkayar or Deccani Muslim by birth alone. It is ridiculous to suggest that one can be converted into a Rowther Muslim,” the Bench added.
A convert to Islam cannot claim the status of Backward Class Muslim. He is only a Muslim and that’s all there is to it.Madras High Court
The Court concluded that a person may convert to Islam, but not to a caste or community within Islam for reservation purposes. It described the government order as “not only unconstitutional but also un-Islamic,” observing that Islam’s core theological principle was equality and not social hierarchy.
"The Christian missionaries as well as Islamic preachers harangued through decades and centuries that their religions offer social equality unlike Hinduism which has caste as its inherent feature. Having taken such a stand for effecting conversions, it is disingenuous to claim that there is hierarchy in Islam also. In our respectful view, categorising certain sects as Backward and the remaining as Forward is antithetical to Quranic injunctions. Islam seeks to establish an egalitarian society. Everyone is equal in the eye of God. There is no social hierarchy," the Court observed.
The writ petition was disposed of after sustaining the Tahsildar’s order rejecting the petitioner’s request for a Muslim Lebbai community certificate.
Advocate R Maheswaran appeared for the petitioner.
Government Advocate L Siva appeared for the respondents.
[Read Judgment]