Conversion To Islam Doesn't Entitle Person To BC (Muslim) Reservation: Madras High Court Declares GO Unconstitutional

The 7 sects of Muslims, which have been notified as Backwards Class Muslims as per The Tamil Nadu Backwards Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993, are – Ansar, Dekkani Muslims, Dubekula, Labbais including Rowthar and Marakayar, Mapilla, Sheik, and Syed.

The bench of Justice GR Swaminathan and Justice PB Balaji held that the GO was strictly against the judicial pronouncements made by the High Court and the Supreme Court, holding that a person converting to Islam could only be treated as a Muslim.

“As held by the Division Bench of the Madras High Court more than 75 years ago, upon conversion to Islam, one becomes a Muslim. The Hon'ble Division Bench used the expression “just a Mussalman”. He cannot be pigeonholed into any particular sect or community which can be only by virtue of one's birth therein. 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 also remarked that when Christian Missionaries and Islamic preachers had, throughout centuries, claimed that their religion offered social equality unlike Hinduism, which propagated caste, it was not appropriate to claim that Islam also had 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,” the court said.

The court also observed that there was no social hierarchy in Islam and everyone was equal before God. The court observed that the caste in Islam was by birth, and it was ridiculous to assume that one could convert into a particular sect.

“Islam seeks to establish an egalitarian society. Everyone is equal in the eye of God. There is no social hierarchy. Be that as it may, due to historical reasons, the Islamic society is also stratified into various communities. One can even boldly remark that they 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 court observed.

The court was hearing a plea by Sameer Ahamed, who had converted from the Hindu religion to Islam in 2015. A gazette notification was issued for the same in 2016. Sameer also married his wife as per Islamic rites and customs and had two children from the marriage.

While so, Sameer applied for a community certificate certifying him as belonging to the “Muslim Lebbai” community. The application was rejected by the Tahsildar against whom the present plea was filed. Sameer claimed that, as per the GO issued by the BC, MBC, and MW Department on March 9, 2024, he could be issued the certificate.

On going through the GO, the bench was of the opinion that it may not withstand judicial scrutiny. The bench thus impleaded the State as a party to test the validity of the GO.

The State argued that the GO was not arbitrarily issued. It was argued that the TN Backwards Classes Commission, vide letter dated February 6, 2024, recommended that the Government give a community certificate to persons belonging to Backwards Classes on conversion to any one of the 7 identified groups.

It was argued that the GO was passed after detailed deliberation. It was submitted that the GO was passed only to ensure that those who already enjoyed the benefits of reservation would not lose it on account of conversion to Islam. The state thus argued that social balance would not be affected by granting a reservation to such persons.

The court noted that there were judicial pronouncements which had held that a person who converted to another religion cannot continue to claim the benefits of reservation based on his Backward status before conversion. The court added that the present GO was only to undo the judgments of the courts. Such an approach, the court held, was not just unconstitutional, but also un-Islamic.

“One can take judicial notice of the fact that when a person embraces Islam, the Jamath issues a certificate to the effect that he has become a Muslim. Even in the petitioner's case, the certificate issued by the Sunnath Jamath of Kayathar certifies that he has embraced the Islamic path. We have no option but to conclude that only to undo the judgments of this Court, has the Government come out with an innovation that is not only unconstitutional but also un-Islamic,” the court said.

Thus, the court declared the GO to be illegal and unconstitutional. As a result, the court upheld the order of the revenue authorities, refusing to grant a community certificate to the petitioner.

Counsel for Petitioner: Mr. Maheswaran. R

Counsel for respondent: Mr. P. V. Balasubramaniam, Additional Advocate General assisted by Mr. M. P. Senthil, Government Counsel

Case Title: Sameer Ahamed v The District Collector and others

Citation:2026 LiveLaw (Mad) 279

Case No: WP(MD) No. 7127 of 2022