BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 25.11.2022

Pronounced on : 01.12.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN

W.P.(MD)No.1019 of 2022

and

W.M.P(MD)No.860 of 2022

U.Akbar Ali

... Petitioner

v.

1.The State of Tamil Nadu,

Rep.by its Secretary,

Personnel and Administrative Reforms

Department,

Secretariat, Chennai.

2.The Tamil Nadu Public Service Commission,

Rep.by its Secretary,

TNPSC Road, VOC Nagar, Park Town,

Chennai – 600 003.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Certiorarified Mandamus to call for the records

relating to the impugned order passed by the 2^nd respondent in his

proceedings in Letter No.36-4/181/RID-4/2021 dated 28.07.2021 and quash

the same as illegal and consequently to direct the second respondent to

consider the name of the petitioner for the appointment taking into account of

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the marks secured by the petitioner under BCM category within the period

that may be stipulated by this Court.

For Petitioner

: Mr.M.Ajmalkhan, Senior Counsel

for Mr.C.Venkatesh Kumar

For Respondents

: Mr.A.K.Manikkam

Special Government Pleader for R1

Mr.V.Panneer Selvam for R2

ORDER

The petitioner as well as his family members were Hindus. They

belonged to Most Backward Class (DNC). They got converted to Islam on

26.05.2008. The petitioner changed his name. It was also notified in the

gazette. The Zonal Deputy Tahsildar, Ramanathapuram Taluk issued

community certificate dated 28.10.2015 certifying that the petitioner belongs

to Labbais community. When TNPSC issued Notification No.15/2018 dated

10.08.2018 inviting applications from eligible candidates for direct recruitment

to the posts included in Combined Civil Services Examination – II (Group-II

Services), the petitioner applied in response thereto. He cleared the

preliminary written examination held on 11.11.2018. He also wrote the main

examination held on 23.02.2019. But he was not included in the final

selection list. He invoked the provisions of the Right to Information Act and

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came to know that the reason for his non-selection was because TNPSC did

not treat him under “BC (Muslim)” category but considered him under

“General” category. 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 MBC (DNC). 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),

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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