Madras High Court
Madras High Court gave a progressive Judgment on the basis of the benefits of the person if he/she will convert his/her religion. The Case is U. Akbar Ali V/S State of Tamil Nadu W.P.(MD)No. 1019 of 2022 and W.M.P(MD)No. 860 of 2022. The case was presided by Mr. Justice G.R. Swaminathan of the Madurai Bench, Madras High Court.
Facts of the Case
- The petitioner and his family members belongs to Most backward class of their community i.e., (DNC) of the Hindu Community.
- Back in 2008 the petitioner along with his family members converted his religion from Hindu to Islam. He also got it notified in a gazette that he and his family had converted into Islam.
- In 2015, he applied for Tamil Nadu PCS Exam and did not get the benefit of reservation which was for his community prior to the conversion of his religion. Later, he filed the writ petition based on the same that he should get the benefit of the reservation.
- The learned Counsel appearing before the court said that according to Article 25 of the Constitution of India, 1950 which state that every person has the freedom of conscience and the right to freely profess, practice, and propogate religion subject to public order, morality and health. Counsel said the petitioner was only exercising his fundamental right and nothing else. He also said that before the conversion petitioner enjoyed the benefits of the reservation which he gets due to his belonging to that community. And, also counsel stated that in Tamil Nadu Muslim are recognized as backward class only so the petitioner should get the benefit of the reservation.
The Hon’ble Court said that case should be seen from another angle and not from the angle that whether Muslim in Tamil Nadu recognised as backward class or not.
The Court held that the certificates of the conversion of the petitioner states that he and his family only belong to Islam and nothing more. Therefore, the Court relying on the judgment of G. Michael of the same court held that when a Hindu gets converted to Islam then he just becomes Muslim and his place in the Muslim society will not be the place which he has before conversion. Court also cited from the observation in the S. Ruhaiyah Begum Judgment and held that if Hindu belonging to some backward class converts into Islam and still getting the benefits of the reservation of that backward class then it would be the defect in the very purpose of social justice. So, Court dismissed the petition of the appellant by saying the a person cannot carry his birth caste after the conversion.
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JUDGEMENT REVIEWED BY NAMRATA SINGH