CHENNAI: A Hindu backward class person, who embraces Islam, shall be considered as backward class Muslim, the Madras high court has held.

Justice D Hariparanthaman passed the order and directed Tamil Nadu Public Service Commission to accept the application of R Ayesha, converted to Islam in 2005 and applied for a job as a typist in 2014 as a backward class (BC) Muslim candidate.

By birth, Ayesha was a Hindu, and she embraced Islam on November 28, 2005, and in August 2014 she obtained a community certificate stating that she belonged to Muslim Labbai community. Muslim Labbai is a recognized BC community, by a government order of July 19, 1994.

She sat for the eligibility exam in December 2014 and scored 153 marks. Though called for certificate verification, her application was rejected on the ground that she was ineligible for the post as she was not a Muslim by birth. She them moved the high court.

In its counter, TNPSC said Ayesha could have applied only under ‘others’ category where the upper age limit was 30 years. She was aged 32 years, and hence she was ineligible to apply for the post, it said.

The woman’s counsel, however, said the issue was covered by an order passed by Justice Hariparanthaman in an identical case, and added that the woman would be eligible if she is considered BC Muslim, and not under open category.

Acceding to the plea, Justice Hariparanthaman said he had passed orders in MU Aariffaa’s case, which was similar to Ayesha’s case, after referring to various Supreme Court rulings. He said it would be applicable to the case on hand as well. He then asked the TNPSC to treat Ayesha as BC Muslim candidate and consider her for a post in group IV services.

  Backward caste, HUMAN RIGHTS, Islam, Madras High Court