1. An interesting question that arises for consideration is as to whether the petitioner, who originally belonged to Hindu Nadar community, which is admittedly classified as Backward Class, on conversion to Islam as Labbai Muslim, can continue to claim the status of Backward Class ?

2. The facts leading to the filing of this writ petition are as follows:

(i) The petitioner belonged to Hindu Nadar Community, a Backward Class Community, as notified by the Tamil Nadu Government. The same is not in dispute, i.e., she was born in Hindu Nadar Community. Her name was Visalakshi at that time. She was a Graduate in B.A. Tamil with first class from the Madurai Kamarajar University. She got married to one Mr.Baskar. Unfortunately, she became widow and left with four minor children by late Baskar. In those circumstances, the petitioner converted to Islam as Labbai Muslim on 05.07.2006 and she changed her name M.S.Barveen Rifana.

(ii) Later, she married one Mr.Y.Mohamed Saathick in 2006. She got a Community Certificate bearing No.9359241 in Sl.No.138/2010 dated 11.01.2010, issued by the Zonal Deputy Tahsildar, Thoothukudi, that she, being a Labbai Muslim, belongs to Backward Class as per Sl.No.69 of G.O.Ms.No.28, Backward Class and Most Backward Class Welfare Department, dated 19.07.1994. Thereafter, she changed her name as MU.Aariffaa through necessary notification issued in the Tamil Nadu Government Gazette.

(iii) Pursuant to the notification issued by the Tamil Nadu Public Service Commission (for short "TNPSC") dated 21.07.2010 in Advertisement No.248 calling for applications for the post of Village Administrative Officer in Tamil Nadu Ministerial Service (2009-2010), she applied for the said post. That is, while she converted as Labbai Muslim in 2006, she applied for the post of Village Administrative Officer in 2010. There were 1576 vacancies. The last date for submission of applications was 20.08.2010. Based on her application, she also appeared for the written examination held on 20.02.2011. Her Register Number was 02432173.

(iv) When the result was published in the website of the TNPSC on 20.04.2012, the registration number of the petitioner was included in the list of rejected candidates. However, no reason was given for the rejection. Hence, she made a representation dated 20.05.2012 to the TNPSC requesting to inform the reason for rejection. The TNPSC issued an order dated 08.06.2012 stating that since she had converted from Hinduism to Islam religion, she was treated as "Others", i.e., forward community, and therefore, her application itself was rejected, since she did not pay the examination fee treating her as Backward Class.

(v) The petitioner questioned the same by filing W.P.(MD)No.9150 of 2012 seeking to quash the aforesaid order dated 08.06.2012 of TNPSC and to direct the respondents 2 to 4 therein to appoint her as Village Administrative Officer in Tuticorin District.

(vi) This Court by the interim order dated 06.07.2012 made in M.P.(MD)No.1 of 2012 in W.P.(MD)No.9150 of 2012 directed the respondents to reserve one post of Village Administrative Officer vacant, for the petitioner, in Tuticorin District, until further orders.

(vii) The petitioner also applied for the posts included in Combined Subordinate Services Examination (for short "CSSE") - I, pursuant to the notifications dated 30.12.2010 in 'the Hindu' and 08.02.2011 in 'Dhina Thanthi". She also appeared for the written examination. She was not called for the oral test. She made a representation dated 23.07.2012 requesting the reason for not calling her for the oral test/Interview. However, as in the earlier case, the TNPSC passed the order dated 27.07.2012 stating that she was considered as "Others", i.e., forward community, as per the clarification issued by the Tamil Nadu Government to consider the application of candidates, who converted from Hinduism to Islam religion, under "Others" category. In view of the same, she had not reached the zone of cons