1. Application for Scheduled Caste community certificate — Rejection based on profession of Christianity — Challenge to rejection order under the Constitution (Pondicherry) Scheduled Castes Order, 1964. (Para 2 )
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2024 Supreme(SC) 1089
SUPREME COURT OF INDIA
PANKAJ MITHAL, R. MAHADEVAN, JJ.
C. Selvarani – Appellant
Versus
The Special Secretary- Cum- District Collector and Others – Respondents
Civil Appeal No. 13086 of 2024 (Arising out of SLP (C) No.6728 of 2023)
Decided On : 26-11-2024
Advocates appeared:
For the Petitioner(s): Ms. N. S. Nappinai, Sr. Adv. Mr. V. Balaji, Adv. Mr. Asaithambi Msm, Adv. Mr. Atul Sharma, Adv. Mr. C. Kannan, Adv. Mr. Nizamuddin, Adv. Mr. B. Dhananjay, Adv. Mr. Rakesh K. Sharma, AOR
For the Respondent(s): Mr. Aravindh S., AOR Mr. Akshay Gupta, Adv.
For the Petitioner(s): Ms. N. S. Nappinai, Sr. Adv. Mr. V. Balaji, Adv. Mr. Asaithambi Msm, Adv. Mr. Atul Sharma, Adv. Mr. C. Kannan, Adv. Mr. Nizamuddin, Adv. Mr. B. Dhananjay, Adv. Mr. Rakesh K. Sharma, AOR
For the Respondent(s): Mr. Aravindh S., AOR Mr. Akshay Gupta, Adv.
Important Points
Conversion to Christianity results in the loss of caste status; reconversion requires proof of acceptance by the original community.
Subject
Civil Law - Writ Petition
Act Referred
Headnote
(A) Constitution of India - Article 341 - Scheduled Castes - The appellant sought a Scheduled Caste community certificate based on her claim of belonging to Valluvan caste, recognized under the S.C. Order, 1964 - The High Court dismissed her writ petition, affirming that she does not profess Hinduism and thus is not entitled to the certificate. (Paras 8, 12, 15)
(B) Caste and Religion - The court emphasized that conversion to Christianity results in the loss of caste, and reconversion requires acceptance by the original community - The appellant failed to provide evidence of reconversion or acceptance by the Valluvan caste. (Paras 12, 15)
Facts of the case:
The appellant, born to a Christian mother and a Hindu father, claimed Scheduled Caste status based on her father's caste, but was denied the certificate due to her professed religion.
Findings of Court:
The court found that the appellant actively practices Christianity and does not fulfill the criteria for Scheduled Caste status as per the S.C. Order, 1964.
Issues: Whether the appellant is entitled to a Scheduled Caste community certificate based on her claimed caste affiliation.
Ratio Decidendi: The court ruled that a person who converts to Christianity loses their caste status and cannot claim Scheduled Caste benefits unless they can prove reconversion and acceptance by the community.
Result: Appeal dismissed.
(B) Caste and Religion - The court emphasized that conversion to Christianity results in the loss of caste, and reconversion requires acceptance by the original community - The appellant failed to provide evidence of reconversion or acceptance by the Valluvan caste. (Paras 12, 15)
Facts of the case:
The appellant, born to a Christian mother and a Hindu father, claimed Scheduled Caste status based on her father's caste, but was denied the certificate due to her professed religion.
Findings of Court:
The court found that the appellant actively practices Christianity and does not fulfill the criteria for Scheduled Caste status as per the S.C. Order, 1964.
Issues: Whether the appellant is entitled to a Scheduled Caste community certificate based on her claimed caste affiliation.
Ratio Decidendi: The court ruled that a person who converts to Christianity loses their caste status and cannot claim Scheduled Caste benefits unless they can prove reconversion and acceptance by the community.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Claim of entitlement to Scheduled Caste status via birth and reconversion to Hinduism — Contention that caste is inherent and revives upon reconversion — Dispute over religious profession. (Para 4 , 5 )
3. Baptism and marriage records establish Christian faith — Mere claims of practicing Hinduism without positive acts of reconversion are insufficient — Fraudulent claims for reservation benefits are impermissible. (Para 10 , 11 , 12 , 13 , 15 )
4. Scheduled Caste status requires profession of Hinduism, Sikhism, or Buddhism — Conversion to Christianity results in loss of caste — Reconversion requires evidence of acceptance by the community. (Para 8 , 14 )
5. Appeal dismissed — Rejection of Scheduled Caste community certificate upheld. (Para 16 )
6. Who is eligible for a Scheduled Caste community certificate under the Constitution (Pondicherry) Scheduled Castes Order, 1964?
Only persons belonging to the castes specified in the Schedule who profess the Hindu, Sikh, or Buddhist religion are deemed members of a Scheduled Caste. (Para 8 )
7. Does conversion to Christianity result in the loss of Scheduled Caste status?
Yes, conversion to Christianity generally operates as an expulsion from the caste, as Christianity does not recognize caste classifications, and the person ceases to belong to the original caste. (Para 14 )
8. What must be established to regain Scheduled Caste status upon reconversion to Hinduism?
The person must provide clear-cut proof of belonging to the recognized caste, evidence of reconversion to the original religion, and proof of acceptance by the community. (Para 14 )
9. Is a mere claim of practicing a religion sufficient to prove reconversion for the purpose of obtaining a caste certificate?
No, a mere claim is insufficient; there must be positive acts to evince conversion, such as following a prescribed procedure like Arya Samaj or making a public declaration. (Para 12 )
JUDGMENT :
R. Mahadevan, J.
Leave granted.
2. This appeal is directed against the order dated 24.01.2023 passed by the High Court of Judicature at Madras,1[Hereinafter shortly referred to as “the High Court”] dismissing Writ Petition No.15865 of 2022 preferred by the appellant herein. In the said writ petition, the appellant prayed for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order of the respondent No.3 vide proceedings No.1076/TOP/C/SC/2016 dated 19.06.2017 and the order of the respondent No.2 in No.4583/DCR(N)/A2/2016/CV/2070 dated 29.08.2017, quash the same as illegal, unlawful, arbitrary, unconstitutional and violative of the principles of natural justice and consequently, direct the respondent Nos.1 to 3 to issue Scheduled Caste community certificate to the appellant as per the Constitution (Pondicherry) Scheduled Castes Order, 1964,2[Hereinafter shortly referred to as “the S.C. Order, 1964”], based on the community certificates already issued by the respondent No.3 in favour of the appellant as well as her family members. Through the order impugned herein, the High Court denied the claim of the appellant as devoid of merits and accordingly, dismissed the writ petition.
3. The facts leading to the filing of this appeal, in a nutshell, are as under:
3.1. The appellant was born on 22.11.1990 to one Christian S/o. Mounien and Santhamarie and her birth was duly registered with Pondicherry Municipality and her parents were permanent residents of Kombakkampet, Pondicherry. According to the appellant, her father, grandparents and great grandparents professed the Hindu religion and belonged to Valluvan Caste, which is recognised as one of the Scheduled Castes under the S.C. Order, 1964. Her mother Santhamarie was a Christian by birth and after marriage, she got converted to Hindu religion and started to profess the same. Thus, according to the appellant, she is a Hindu by religion and belongs to Valluvan Caste; and she successfully completed her school education and graduation by availing concessions under the Hindu Adi Dravida quota.
3.2. During 2015, the appellant applied for the post of Upper Division Clerk,3[For short, “UDC”] and after written examination, she was selected and her name was found at Serial No.48 under the Scheduled Caste category. In the course of certificate verification, though the appellant possessed the required certificates, the respondent authorities insisted her to produce the original latest community, residence and nativity certificates issued by the Tahsildar, within a period of one year from the date of publication of results, which would satisfy the requirement of being a resident in Puducherry for a continuous period of 5 years prior to the date of application. Pursuant thereto, the appellant made an application seeking community certificate as if she belongs to a Scheduled Caste category.
3.3. However, the respondent No.3 passed an order dated 29.03.2016 rejecting the appellant’s application on the ground that she does not profess Hinduism, Buddhism and Sikhism and therefore, the community certificate under the S.C. Order, 1964, could not be issued to her. The appeal preferred against the said order came to be rejected by the respondent No.2, by order dated 18.07.2016. Thereagainst, the appellant went on further appeal, in which, the respondent No.1 directed her to approach the High Court for further remedy, by order dated 30.09.2016.
3.4. Challenging the orders of rejection passed by the respondent authorities, the appellant preferred WP.No.43516 of 2016, which, by order dated 10.03.2017, was disposed of by the High Court, by directing the respondent No.3 to conduct enquiry on the appellant’s application and pass appropriate orders on merits and as per law.
3.5. Accordingly, the respondent No.3, by communication dated 30.03.2017, withdrew the order dated 29.03.2016 passed earlier and furnished all the documents to the appellant and directed her to offer her e
