Conversion cannot be used to the disadvantage of the petitioner, and the petitioner's community certificate on conversion was in full force, entitling him to be considered as a member belonging to the Backward Class.

1. The petitioner has invoked the writ jurisdiction of this Court to challenge the order passed by the Tamil Nadu Public Service Commission, vide Memo No. 1311/OTD- A4/2010 dated 03.09.2010. The impugned order reads as under: "The attention of Dr.Raja Mohammed (Reg.No.00102119) is drawn to the petition cited and he is informed that he has claimed in his application that he belongs to Muslim Labbai included in the list of BC-M on his conversion from Hindu to Muslim. According to clarification received from the Government, in the absence of any orders issued by the Government in respect of converts from Hindu to Islam, they will have to be considered as "Others". If the petitioner is considered as "Others", he will be ineligible to apply for the said recruitment for the reason that he is over aged. A show cause notice has therefore been issued to the petitioner in the reference 2nd cited. In view of the above reason, his request to consider him for the post of Veterinary Assistant Surgeon / Junior Veterinary Assistant Surgeon cannot be considered. Any further representation received in this regard will remain unanswered."

2. The pleaded case of the petitioner in the affidavit is that he was born as Hindu. Father's name of the petitioner is Thiru Madasamy and the petitioner belonged to Scheduled Caste Pallan. The petitioner obtained degree of Veterinary Science from Tamil Nadu Veterinary and Animal Science University in the year 1998. The petitioner registered his certificate with State Veterinary Council under the name M.Raja. He was married to one Mrs.Ayisha Beevi of Kadayanallur and after marriage, he got himself converted into Muslim Lebbai and he was, accordingly, issued a community certificate by Zonal Deputy Tahsildar, Tenkasi, dated 02.09.2005 for such conversion. The changed name of the petitioner is Raja Mohammed. A Gazette publication, in this regard, was also made, showing his conversion from Hindu to Muslim religion. The Tahsildar issued a conversion certificate and also community certificate, declaring him to be a member of Backward Class. The community certificate, showing his community, as Scheduled Caste, was cancelled.

3. The stand of the petitioner in the affidavit is that when there is conversion by Hindu to Islam, the conversion is to be made to a particular group, which is predominant in the area, in which, the convert resides. Therefore, he claims to have embraced Muslim Lebbai community. It is also pleaded case of the petitioner that since his conversion is recognized as Muslim by one and all, he is living as Muslim and attending prayers etc. He claims to have shed all his characteristics, habits and way of life as Hindu.

4. The petitioner was appointed as temporary Veterinary Assistant Surgeon and he also appeared for the written examination for the post of Veterinary Assistant Surgeon, wherein, also produced all the certificates. The petitioner, on account of having secured less marks, was not selected for the post of Veterinary Assistant Surgeon in 2006-2007. He, therefore, again appeared for the written examination for the year 2009 and submitted all requisite certificates. It was in response to his application that the petitioner received impugned order calling him to show cause as to why he should not be considered to be in "Others" category having been converted from Hindu to Islam. In addition, the petitioner has also been issued to show cause as to why the temporary selection should not be cancelled.

5. He has challenged impugned order on the ground that in absence of any Government order with regard to conversion from Hindu to Muslim, the status of Backward Class or Most Backward Class cannot be denied, and he cannot be grouped as "Others" and not as Backward Caste or Most Backward Class. That the respondents have failed to take note of the fact that the petitioner converted from Hindu Scheduled Caste to Muslim Lebbai, which is classified as Backward Class, in pursuance to which, he lo