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2024 Supreme(Online)(SC) 12218
SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE J.B. PARDIWALA, HON'BLE MR. JUSTICE R. MAHADEVAN
C. SELVARANI – Appellant
Versus
THE SPECIAL SECRETARY CUM DISTRICT COLLECTOR – Respondent
C.A. No.-013086-013086 - 2024
Conversion to Christianity results in loss of caste status; reconversion to Hinduism requires community acceptance and cannot be claimed solely for reservation benefits.
Headnote:(A) Constitution of India - Article 341 - Scheduled Castes Order, 1964 - Denial of Scheduled Caste community certificate - Appellant claimed entitlement based on Hindu ancestry despite being baptized as Christian - High Court dismissed writ petition affirming rejection of application by authorities - Court emphasized that conversion to Christianity results in loss of caste status, and reconversion requires clear evidence of acceptance by the community - No proof of reconversion was provided, and appellant's claim was deemed fraudulent. (Paras 1-16)
(B) Caste and Religion - The principle that caste is linked to birth and is lost upon conversion to another religion - Reconversion to Hinduism does not automatically restore caste membership unless recognized by the community. (Paras 8, 12, 15)
(C) Judicial Review - High Court's role in reviewing administrative decisions concerning community certification is limited to ensuring no violation of natural justice and legality. (Paras 10, 13)
J U D G M E N T
R.MAHADEVAN, J.
Leave granted.
2. This appeal is directed against the order dated 24.01.2023 passed by the High Court of Judicature at Madras1 dismissing Writ Petition No.15865 of 2022 preferred by the appellant herein. In the said writ petition, the appellant prayed for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order of the respondent No.3 vide proceedings No.1076/TOP/C/SC/2016 dated 19.06.2017 and the order of the respondent No.2 in No.4583/DCR(N)/A2/2016/CV/2070 dated 29.08.2017, quash the same as illegal, unlawful, arbitrary, unconstitutional and violative of the principles of Signature Not Verified Digitally signed by CHANDRESH Date: 2024.11.26
18n:15a:17t ISuTral justice and consequently, direct the respondent Nos.1 to 3 to issue Scheduled Caste Reason:
1 Hereinafter shortly referred to as “the High Court”
community certificate to the appellant as per the Constitution (Pondicherry) Scheduled Castes Order, 1964 2, based on the community certificates already issued by the respondent No.3 in favour of the appellant as well as her family members. Through the order impugned herein, the High Court denied the claim of the appellant as devoid of merits and accordingly, dismissed the writ petition.
3. The facts leading to the filing of this appeal, in a nutshell, are as under:
3.1. The appellant was born on 22.11.1990 to one Christian S/o. Mounien and Santhamarie and her birth was duly registered with Pondicherry Municipality and her parents were permanent residents of Kombakkampet, Pondicherry. According to the appellant, her father, grandparents and great grandparents professed the Hindu religion and belonged to Valluvan Caste, which is recognised as one of the Scheduled Castes under the S.C. Order, 1964. Her mother Santhamarie was a Christian by birth and after marriage, she got converted to Hindu religion and started to profess the same. Thus, according to the appellant, she is a Hindu by religion and belongs to Valluvan Caste; and she successfully completed her school education and graduation by availing concessions under the Hindu Adi Dravida quota.
3.2. During 2015, the appellant applied for the post of Upper Division Clerk3 and after written examination, she was selected and her name was found at Serial No.48 under
the Scheduled Caste category. In the course of certificate verification, though the appellant possessed the required certificates, the respondent authorities insisted her to produce the original latest community, residence and nativity certificates issued by the Tahsildar, within a period of one year from the date of publication of results, which would satisfy the requirement of being a resident in Puducherry for a continuous period of 5 years prior to the date of application. Pursuant thereto, the appellant made an application seeking community certificate as if she belongs to a Scheduled Caste category.
3.3. However, the respondent No.3 passed an order dated 29.03.2016 rejecting the appellant’s application on the ground that she does not profess Hinduism, Buddhism and Sikhism and therefore, the community certificate under the S.C. Order, 1964, could not be issued to her. The appeal preferred against the said order came to be rejected by the respondent No.2, by order dated 18.07.2016. Thereagainst, the appellant went on further appeal, in which, the respondent No.1 directed her to approach the High Court for further remedy, by order dated 30.09.2016.
3.4. Challenging the orders of rejection passed by the respondent authorities, the appellant preferred WP.No.43516 of 2016, which, by order dated 10.03.2017, was disposed of by the High Court, by directing the respondent No.3 to conduct enquiry on the appellant’s application and pass appropriate orders on merits and as per law.
3.5. Accordingly, the respondent No.3, by communication dated 30.03.2017, withdrew the order dated 29.03.2016 pass
