Can Brahmins get OBC quota by converting to Christianity? Madras High Court expresses surprise

The Madras High Court has expressed surprise over a claim that even Brahmins can get Other Backward Classes (OBC) reservation benefits by converting to Christianity and joining the Church of South India (CSI) under Tamil Nadu's existing reservation framework. [Kodeeswaran Vs State]

A Division Bench of Justices GR Swaminathan and MD Sumathi observed that such a possibility, if established, warrants serious reconsideration of the existing system.

"The petitioner's counsel startled us by asserting that if a Brahmin gets converted and joins CSI denomination, he can enjoy OBC status as per the present statutory framework. If this assertion is true, then a serious re-think is certainly vindicated," the Court said.

The submission was made before the Court during the hearing of a plea challenging the constitutional validity of provisions granting Backward Class (BC) and Most Backward Class (MBC) status to several Christian communities and Christian converts in Tamil Nadu.

G Kodeeswaran, a Kallar community member and TNPSC examination applicant, challenged the reservation benefits granted to the Christian communities and converts under Tamil Nadu law.

He argued that their backwardness lacked empirical justification and that even forward-caste individuals could claim OBC status merely by joining the Church of South India through baptism.

During the hearing, the Bench observed that a community's inclusion in the OBC list cannot be treated as permanent merely because it has enjoyed reservation benefits for decades.

"There is nothing axiomatic or eternal about one's OBC status. A clear case has to be made out for inclusion or retention in the OBC list," the Court observed.

"Merely because some entities have enjoyed the privilege of reservation for a few decades, would that necessarily mean that the original inclusion was constitutionally justified? We answer in the negative," it added.

The Court said that whenever such an inclusion is challenged, the government must demonstrate that extending or retaining the reservation benefits is constitutionally justified.

According to the petition, the First Backward Classes Commission headed by AN Sattanathan had declined to examine the claims of Christian communities for inclusion in the backward classes list.

The Second Backward Classes Commission, headed by JA Ambashankar, also had found Christian converts from Backward Classes ineligible for inclusion in its 1985 report.

Despite these findings, the Tamil Nadu government extended reservation benefits to converts from Hindu Backward Class communities through a government order issued in February 1986, the petitioner submitted.

Another issue raised was the differential treatment of converts from Scheduled Castes and Most Backward Classes (MBC).

While Scheduled Caste members who convert to Christianity are classified as Backward Classes, converts from certain MBC continue to retain their MBC status.

The petitioner argued that this results in unequal treatment despite the greater historical disadvantages experienced by Scheduled Caste communities.

The Court noted that the petition raises serious constitutional questions concerning the identification of backward classes and the justification for retaining communities in reservation lists.

"We are therefore of the view that the petitioner has established a prima facie case that warrants deep constitutional scrutiny," the Bench observed.

It further said that allegations concerning the absence of objective data, disregard of expert commission recommendations and arbitrary classifications raise serious doubts about the constitutional validity of the challenged provisions.

The Court accordingly issued notice to the State government and the Tamil Nadu Backward Classes Commission, returnable in eight weeks.

Advocate K Suresh represented the petitioner.

Special Government Pleader M Kannan appeared for the Tamil Nadu government and the Backward Classes Commission.

Advocate V Panneerselvam represented the TNPSC, which was impleaded by the Court on its own motion.

[Read Order]