The judgment emphasizes that the acquisition of a different status by voluntary mobility into certain categories would go against the constitutional policy.

1. The petitioner applied for the post of Assistant in the Rural Development and Panchayat Raj Department, for which advertisement was given by the Tamil Nadu Public Service Commission (TNPSC) vide., Advertisement No.280. Subsequently, the petitioner got an Hall Ticket for writing examination and she wrote examination and rank list was also published. The petitioner had obtained rank 4847 and as against her Registration No.14701268, her community was described as 'Others– Female'. Subsequently, the communal cadre and cut-off mark were also published. According to the petitioner, for the Backward Class women the cut-off mar is 198.

2. The case of the petitioner was that she was initially belonged to Hindu religion and born in Sengunthar Community, which is a Backward Class as per the the list of Backward Classes published by the State Government. She got married to one Mohamed Asath on 21.05.2006 by converting herself into Muslim. Since she got converted into Muslim and married a Muslim man, she applied for community certificate, which was also given by the Headquarters Deputy Tahsildar, Kancheepuram stating that she belongs to Backward Class Muslim Labbai community. She also published in the Government Gezette, dated 26.10.2009, about her name change from A.Premavathy to A.Fathima on 18.05.2006. It is armed with this document, the petitioner has filed the present writ petition seeking for a direction to the respondents to treat the petitioner as Backward Class Muslim and include her name in the selection list published by the TNPSC and also appoint her in the common decree post.

3. When this matter came up on 02.11.2012, this Court directed notice to be served on the learned Standing Counsel for TNPSC as well as on the Government Pleader. On notice, Mr.N.S.Nanthakumar, learned Standing Counsel for TNPSC is appearing for the 2nd respondent.

4. Insofar as the claim of the petitioner that because of her conversion into Muslim Religion and marriage to Muslim person as per Muslim rites, she can claim her community as Muslim Labbai community is concerned, the question is no longer resintegra. Though the petitioner produced a community certificate obtained from the Headquarters Deputy Tahsildar, Kancheepuram, as noted above, such a community certificate is not valid because the petitioner did not belong to Muslim Labbai Community, it is only her husband who belongs to the said community.

5. In the list of Backward Classes published along with the prospectus of TNPSC issued to the candidates, insofar as the list of Backward Class Muslim is concerned, the same is covered by G.O.Ms.No.85, Backward Class, Most Backward Class, Minority Welfare Department, dated 29.07.2008 and it reads as follows:-

"List of Backward Classes (Muslims) -G.O.Ms.No.85 BC, MBC and Minorities Welfare (BCC) Department, dated 29.07.2008.

1. Ansar

2. Dekkani Muslims

3. Dudekula

4. Labbais including Rowthar and Marakayar (whether their spoken language is Tamil or Urdu)

5. Mapilla

6. Sheik

7. Syed.

6. The petitioner, admittedly, was a Hindu before her marriage and born in Hindu Sengunthar Community. Therefore, she cannot transfer her community only because of her marriage. The issue as to whether by marriage, either inter-caste or inter-religion, the wife can become a member of the caste of her husband, came to be considered by the Hon'ble Supreme Court in Valsamma Paul Vs. Cochin University [(1996) 3 SCC 545). In the said judgment in paragraphs 31 & 34, the Hon'ble Supreme Court has observed as follows:-

"31. It is well-settled law from Bhoobum Moyee Debia Vs. Ram Kishore Acharj Chowdhry [(1865) 10 MIA 279] that judiciary recognised a century and a half ago that a husband and wife are one under Hindu law, and so long as the wife survives, she is half of the husband. She is 'Sapinda' of her husband as held in Lulloobhoy Bappoobhoy cassidass Moolchund Vs. Cassibai [(1879-80 7 IA 212]. It would, therefore, be clear that be it either under the Cannon l