NEW DELHI: A person who converts from Hinduism to Islam cannot retain Scheduled Caste (SC) status or automatically qualify for reservation under the Backward Class Muslim category solely on the basis of their previous caste or community status, the Supreme Court has ruled. The court clarified that, under Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950, only Hindus, Sikhs and Buddhists are eligible for recognition as members of Scheduled Castes. A person belonging to a Scheduled Caste who converts to a religion other than these three loses their SC status, a Bench comprising Justices Prashant Kumar Mishra and Srichandrashekhar said.
The Tamil Nadu government had issued an order allowing people from Hindu Backward Classes, Most Backward Classes, denotified communities and Scheduled Castes who converted to Islam to obtain community certificates identifying them as members of the “Backward Class Muslim” category.
The Supreme Court was hearing an appeal filed by the Tamil Nadu government against a Madras High Court ruling that quashed the government order. Upholding the High Court’s decision, the Supreme Court dismissed the appeal, observing that such executive orders amounted to an artificial means of securing reservation benefits.
The court observed that a person who converts to Islam becomes a member of the Muslim community but does not automatically qualify for membership of a notified Backward Class Muslim category on the basis of their previous caste or community status.
The case concerned Paramasivam, a resident of Tamil Nadu who converted to Islam in 2015 and changed his name to Sameer Ahamed. He sought a community certificate identifying him as a member of the Muslim Lebbai community to claim reservation benefits. The Tahsildar rejected his application. Paramasivam then approached the Madras High Court, citing the Tamil Nadu government’s order. The High Court upheld the rejection of his application and quashed the government order, prompting the state government to appeal to the Supreme Court. The Supreme Court dismissed the appeal, upholding the High Court’s decision.