2018 Supreme(Mad) 2092
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, R.PONGIAPPAN, JJ.
G.J. Tamilarasu – Petitioner
Vs.
The State of Tamil Nadu & Ors. – Respondents
W.P.No.6546 of 2018
Decided On : 12-09-2018
For the Petitioner: Mr. I. Jenkins Villiam for Mr. Mazhaimeni Pandian
For the Respondents:Ms. Narmadha Sampath, Addl. Advocate General, assisted by Mr. S.N. Parthasarathy, Govt. Advocate
Headnote:
Constitution of India, 1950 - Articles 341 and 342 – Quash of Impugned order - Community Certificate - Petitioner got himself converted to Buddhism, as he was drawn towards its Doctrine due to its religious customs and practices. After following all the processes for his religious conversion to Buddhism The Certificate, reflecting his religious conversion and his name change, was issued by the fourth respondent-Buddhist Society of India. The petitioners change of name was also notified in the Tamil Nadu Government Gazette, he applied for issuance of Community Certificate as belonging to Buddhist Adi Dravidar Community, along with all the necessary documents to the fifth respondent. The fifth respondent, vide proceedings, had rejected the application of the petitioner – Held, Moreover, it is to be noted that the acceptance of the people of a respective Caste/Community can be ascertained only from the sense of reaction of the Community and the point of view which the Community holds, has its own significance and it eliminates the factor of acceptance arising out of ceremonies. Buddhism never appreciates the factum of "caste" in its ideologies and preaching, and this is the reason behind Buddhism that has its own significance. When this being the factor, the petitioners claim of conversion to Buddhism, is of little significance. That being the case, the question of issuing Community Certificate indicating the Community/Caste as "Buddhist Adi Dravidar" does not arise . No such Community Certificate could be issued. The Community Certificates could be issued only in the name of the communities, which are mentioned in the Presidential Order issued under Article 341 of the Constitution of India and it is only - Writ Petition is dismissed
R. SUBBIAH, J.
The present Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus to call for records relating to the second respondent's proceedings made in Na.Ka.No.5700/2016/Ta6 and quash the impugned order dated 24.08.2017 and to consequently direct the respondents to issue a Community Certificate as Buddhist Adi-Dravidar to the petitioner.
2. Brief facts of the case of the petitioner are as follows:
(a) The petitioner was born on 05.12.1970 to Christian parents at Nichampalayam Village, Perundurai Taluk, Erode District. The name given to the petitioner by his parents is Victor Joseph. J. For the sake of education, while he was studying in XI Std., he had obtained Community Certificate, dated 12.06.1989 as Christian Adi Dravidar. Thereafter, he completed his M.A. Degree during December 1998 and obtained B.Ed. Degree during May 2007.
(b) During the year 2015, the petitioner got himself converted to Buddhism, as he was drawn towards its Doctrine due to its religious customs and practices. After following all the processes for his religious conversion to Buddhism, his name was changed from Victor Joseph. J, to be called as G.J. Tamilarasu.
(c) The Certificate, dated 09.05.2015 reflecting his religious conversion and his name change, was issued by the fourth respondent-Buddhist Society of India. The petitioner's change of name was also notified in the Tamil Nadu Government Gazette, dated 10.06.2015. On 02.09.2015, he applied for issuance of Community Certificate in his name G.J. Tamilarasu, as belonging to Buddhist Adi Dravidar Community, along with all the necessary documents to the fifth respondent. The fifth respondent, vide proceedings dated 17.10.2016, had rejected the application of the petitioner.
(d) Aggrieved by the above rejection order, the petitioner has filed an appeal before the sixth respondent on 31.10.2016 praying to re-consider the request of the petitioner and issue the Community Certificate indicating the Community as Buddhist Adi Dravidar. The sixth respondent, by proceedings dated 23.03.2017, dismissed the appeal. In the order passed under the said appeal, the sixth respondent has assigned reason as if the petitioner has maliciously got converted to Buddhist Adi Dravidar only for getting the benefits from the respondents. Further, in the said order, it has also been stated that the petitioner alone was converted into Buddhism and not his wife or children.
(e) Aggrieved by the abovesaid order passed in the appeal, again the petitioner has preferred another appeal before the second respondent, which was also dismissed, vide order dated 24.08.2017. Hence, the petitioner has filed the present Writ Petition for the relief stated supra.
3. When the Writ Petition is taken up for consideration, learned counsel for the petitioner invited the attention of this Court to G.O.Ms.No.1, Adi Dravidar and Tribal Welfare (CV-1) Department, dated 02.01.2009, and paragraph 4 therein reads as follows:
"4. In order to clear the ambiguity and also to certify the Adi Dravidar people who have converted to Hinduism, Sikhism or Buddhism from other religions, the Government have issued the instructions as referred to in paragraph 2 above based on the orders of the Hon'ble High Court of Madras, the instructions of the Government of India, orders of the Hon'ble Supreme Court, legal opinion given by the Advocate General and Additional Advocate General, Government of Tamil Nadu, the Government have examined the issue in detail. As per the orders of the Hon'ble High Court of Madras, the Government have now issue the following revised instructions cancelling the clarifications issued in letter No.81, Adi Dravidar and Tribunal Welfare Department, Dt.19.9.2000:
"The children born to Christian Schedule Caste parents, i.e. Christian by birth, converted to Hinduism, Sikhism or Buddhism at a later date and the Scheduled Caste parents embracing Hinduism, Sikhism or Buddhism converted to other religion and subsequently reconverted