ORDER

The petitioner's father belonged to Hindu Scheduled Caste community.

His mother was born a Muslim. The petitioner's father as well as the petitioner got converted to Islam. The gazette notification in this regard was published on 21.04.2004. It reads as follows :

“Thiru.Babu, V. (Hindu), son of Thiru.Mohamedsultan, C. born on 14th May 1984 (native place: Thanjavur), residing at No.62, Mariammankoil Street, Mathulampettai, Kumbakonam, Thanjavur-612 001, has converted to Islam with the name of Mohamed Riyazudeen, M. on 3rd July 2000.”

The Zonal Deputy Tahsildar, Kumbakonam Taluk issued community certificate dated 28.07.2005 certifying that the petitioner belongs to Muslim-Labbais community. The petitioner acquired B.L. Degree in December 2009. When TNPSC issued Notification No.10/2021 dated 25.08.2021 inviting applications from eligible candidates for direct recruitment to the posts of Assistant Public Prosecutor – Grade II, the petitioner applied in response thereto. He cleared the preliminary examination held on 06.11.2021. He was not issued with any Hall Ticket for the Main written examination scheduled to be held in the first week of May 2022. The reason was that he had crossed the upper age limit. When the petitioner contended that he is a Muslim and he should be considered as belonging to Backward Class category and hence given age relaxation, TNPSC took the stand that he will be treated as belonging to “Others Category” and not entitled for age relaxation. Questioning the said stand taken by TNPSC, the present writ petition has been filed.

2.The learned Senior Counsel appearing for the petitioner submitted that Article 25 of the Constitution of India recognizes freedom of conscience; one can profess any religion. One can get converted. The petitioner was only exercising his fundamental right when he converted to Islam. Before conversion, he enjoyed the status of belonging to Scheduled Caste. In the State of Tamil Nadu, Muslims are recognized as belonging to Backward Class.

The petitioner should therefore be considered as belonging to BC community. The jurisdictional authority had certified that the petitioner belongs to Labbais. When similar issue arose before this Court, it had been repeatedly held that it is not open to the recruiting agency to question the contents of the community certificate when its genuineness is not in doubt. The learned Senior Counsel placed reliance on the following decisions :

“i) R.Ayesha v. The Government of Tamil Nadu (2015 SCC OnLine Mad 3572), ii) S.Sumaiya Parveen v. The Secretary, TNPSC (WP No.8500 of 2019), iii) The Teachers Recruitment Board rep.by its Member Secretary, DPI Campus, Chennai v. K.Barida Beevi (WA No.1852 of

2021)

iv)M.Fathima Begam v. The Principal Secretary to Government, Revenue Department (WP (MD) No.17642 of 2015 and etc.,)

v)M.U.Aariffaa v. The Secretary to the Government, Chennai – 9, 2014 (3) MLJ 476”

3.The learned Special Government Pleader as well as the learned standing counsel appearing for the respondents submitted that when similar issue was raised before the Hon'ble First Bench in WP(MD)No.1009 of 2013 (M.K.Muzibur Ragman vs. UOI and ors), it was closed as the matter was pending before the Hon'ble Supreme Court of India. They also pointed out that when a Hon'ble Division Bench of this Court allowed a similar claim, the Government of Tamil Nadu filed SLP before the Hon'ble Supreme Court which granted an interim order of status quo. The respondents pressed for dismissal of this writ petition.

4.I carefully considered the rival contentions and went through the materials on record. I must clarify at the outset that it is not as if the Madras High Court has been consistently upholding the claim of those who converted to Islam to be treated as BC(Muslim). In S.Yasmine v. The Secretary, TNPSC reported in 2013 (4) CTC 53 rendered by His Lordship Mr.Justice V.Ramasubramanian (As His Lordship Then Was), it was held that TNPSC was right in treating a candidate who convert