Reservation in case of conversion from Christianity to Hinduism.

S.J. Mukhopadhaya, J.

This writ petition was preferred by the petitioner for a declaration that the Government Letter Ms. No.81, Adi Dravidar & Tribal Welfare Department, dated 19th Sept., 2000, is unconstitutional.

2. The impugned letter Ms. No.81, Adi Dravidar & Tribal Welfare Department, dated 19th Sept., 2000, relates to enjoyment of benefit of reservation meant for Scheduled Caste on conversion from Christianity to Hinduism. Therein giving reference to a Supreme Court decision dated 25th Jan., 1996, in SLP No.27571/95 (reported in (1996) 3 SCC 100 – S. Swvigaradoss – Vs – Zonal Manager, FCI), the Secretary to Government, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu, Chennai, clarified that as per the said judgment, a Christian by birth, on conversion to Hinduism, shall neither be eligible to get Scheduled Caste certificate nor be eligible to enjoy the benefits of reservation.

3. According to the counsel for the petitioner, the aforesaid clarification given by the Secretary to Government, Adi Dravidar & Tribal Welfare Department, is against the Constitution Bench (5 Judges) decision of the Supreme Court in Guntur Medical College, Guntur & Ors. - Vs – Y.Mohan Rao reported in AIR 1976 SC 1904.

4. For appreciation of the case, it is desirable to quote the relevant portion of the impugned letter dated 19th Sept., 2000, which reads as follows: -

"Sir,

Sub: Adi Dravidar Welfare – whether Adi Dravidar Christians on conversion to Hinduism are eligible to enjoy benefits of reservation means for Scs – Clarification issued.

Ref: 1. Govt. Lr. No.83832/ADW2/83-18 Social Welfare Dept. Dated 9/7/84.

2. Lr. Ms. No.804, AD & TN Dept., dated 30.4.90

3. Lr. From the District Collector, Salem, No. R.O.C. 62756/94/D10 dated 6. 2000.

The District Collector, Salem, has informed that the following clarification had been issued with regard to the issuance of Community Certificates to the Adi Dravidas who convert from Christianity to Hinduism :-

1) The conversion shall be notified in the Govt. Gazette.

2) An affidavit has to be obtained from the members of his Community that he has been accepted by them as one among their community members.

The District Collector, Salem, has sought clarification as to whether a Adi Dravida Christian convert to Hinduism is eligible to enjoy the benefits of reservation?

2. The Government Considered the above subject. Children born to Christian parents belong to Christianity. The Honble Supreme Court had held that a Christian by birth, even on conversion to Hinduism subsequently shall not be eligible to enjoy the benefits of reservation in its order dt. 21. 96 in S.L.P. No.27571/95 (copy enclosed).

Therefore it is clarified that as per the above judgment, a Christian by birth on conversion to Hinduism shall neither be eligible to get Scheduled Caste Certificate nor be eligible to enjoy the benefits of reservation.

Yours faithfully,

for Secretary to Government"

5. Counsel for the petitioner submitted that the petitioner has no grievance against the first part of the letter, wherein it has been directed to notify the conversion in a Government Gazette and to obtain an affidavit from the members of his community that the person has been accepted by them as one amongst their community members; the grievance is against the last sub-paragraph of para-2, wherein it is clarified that first time convertee Christian to Hindu is not entitled to enjoy the benefit of reservation.

6. According to the petitioner, his parents were Hindu Adi Dravidar (Scheduled Caste), who had embraced Christianity in the year 1940. In the year 1973 they were reconverted and returned to Hindu fold along with their seven children, including the petitioner. All of them were accepted as Hindu Adi Dravidas by the community. The petitioner continued to profess Hinduism and has also been given a community certificate to the effect that he belongs to Scheduled Caste. His grievance is that, due to the clarification afor