2009 Supreme(Mad) 40
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO & THE HONOURABLE MR. JUSTICE S. TAMILVANAN
Selvi M. Shyamala
Versus
Tamil Nadu State Scrutiny Committee rep. by its Chariman Adi Dravidar & Tribal Welfare Department & Others
Writ Petition No.7297 of 2004
decided on 06-01-2009
For the Petitioner:Vijay Narain, Senior Counsel for S. Ragahavan, Advocate.
For the Respondents: K. Balasubramaniam, Special Government Pleader.
Headnote:CASTE AND COMMUNITY - CERTIFICATE - Petitioner born to father belonging to Schedule caste and mother belonging to Backward community - Paternal grandfather got converted to Christianity - Subsequently father re-converted to Hinduism - After conversion to Hinduism father continued to be Hindu Adi Dravidar and same has been accepted by Hindu Adi Dravidar Community of Village - State Level Scrutiny Committee rejecting claim of petitioner status of Scheduled caste - HELD, Petitioner is entitled to claim social status of Hindu Adi Dravidar Community of Scheduled Caste - Person claiming status of Schedule Caste on re-conversion must have been born to parents who were Scheduled Caste prior to their conversion - Re-conversion should have been accepted by other members of said community - Even a person born to Christian parents can claim status after re-conversion to Hinduism - One can change his religion by conversion or re-conversion but, cannot change his community by way of conversion - In order to claim status of Scheduled Caste by re-conversion to Hinduism or Sikh religion it is mandatory that at relevant time, said conversion should have been accepted by other members of caste within their fold (Para 19).
Result: W. P. Allowed.
S. Tamilvanan, J.
This writ petition has been preferred under Article 226 of the Constitution of India seeking an order in the nature of writ of certiorari to call for the records relating to the order of the first respondent, dated 27.02.2004, made in Proceeding No.27645/ADW II/2003 and quash the same.
.2. The writ petitioner herein was the appellant before the Tamil Nadu State Scrutiny Committee, the first respondent herein. It is seen that the community certificate issued by the Thasildar, Polur Taluk vide No.1363595, dated 01.09.1998, stating that she belongs to Hindu Adi Dravidar Community of Scheduled Caste, was cancelled by the District Level Vigilance Committee, Tirvannamalai. Aggrieved by which, the petitioner filed an appeal before the Tamil Nadu State Scrutiny Committee, Chennai, constituted by the Government of Tamil Nadu, the first respondent herein. As per the order dated 27.02.2004, in proceeding No.27645/ADW II/03, the Tamil Nadu State Scrutiny Committee, held that the petitioner herein is not entitled to claim the communal status of Schedule Caste and accordingly, her claim was rejected. Aggrieved by the order dated 27.02.2004, passed by the State Level Scrutiny Committee, the petitioner herein has preferred this writ petition.
3. According to the petitioner, her father and paternal grand father originally belonged to Hindu Adi Dravidar Community of Schedule Caste. Her paternal grand father got converted to Christianity, however, her father and grand father were living only with Hindu Adi Dravidar people in a remote undeveloped village called Anilady, wherein most of the inhabitants are Hindu Adi Dravidar Community people and about twenty years ago her father migrated from the said village to Polur Taluk of Chengalpattu District for survival and better prospects of life. The mother of the petitioner belongs to Hindu Vysya Chettiyar Community of Backward Class and they follow only Hindu Customs and worship Hindu Gods. According to the petitioner, her brother Praveen, Sister Shalini and her mother were practising only Hindu customs and worshipping, Hindu Gods, though her father was practising Christianity. Subsequently, her father reconverted to Hinduism, for which he underwent Shuddhi ceremony and became a Hindu under auspices of Arya Samaj on 012. 1996, for which, Arya Samaj gave him a certificate of conversion into Hinduism. According to her, after conversion into Hinduism her father continued to be Hindu Adi Dravidar and the same has been accepted by the people of Hindu Adi Dravidar Community of the village, for which she has produced supporting documents obtained from the village President of Anilady and Hindu Adi Dravidar community people of the said village, which is not in dispute in this writ petition.
.4. According to the petitioner, her father after re-conversion to Hinduism, belongs to Hindu Adi Dravidar Community of Scheduled Caste. Her father changed his name from T.Mari Bernard to T.Mani Balan, after re-conversion to Hinduism, when the petitioner was studying VIII standard. Then, he applied for community certificate and the Tahsildar, Polur Taluk issued community certificate dated 24.08.1998, after due enquiry, that he belongs to Hindu Adi Dravidar Community of Schedule Caste. The petitioner has further stated in her affidavit that even as per the school records of her father, his caste is stated only as Harijan (Adi Dravidar) and he was all along living only with his Adi Dravidar Community people. Having passed Higher Secondary examination, the writ petitioner applied for M.B.B.S. Course in the Chengalpattu Medical College, as a candidate belonging to Hindu Adi Dravidar Community, submitting all the records relating to her caste. Having been satisfied with the records produced by her, the fourth respondent admitted her in Chengalpattu Medical College for the four year M.B.B.S. Course in July 1999, under Scheduled Caste" quota.
5. According to the petitioner, the second respondent,