Madurai: In a case seeking the removal of people who converted from Hinduism to Christianity from the BC, MBC, and Denotified Communities lists, the High Court ordered the Tamil Nadu government to respond.
Kodeeswaran, a resident of South Street, Melur, Madurai district, filed a petition in the Madurai Bench of the High Court: I belong to the Kallar community, which is a backward class. I applied under the BC category for the TNPSC Group 4 examination. In government jobs, the posts reserved for backward classes are being given to various Christian denominations and to converts as well. Under the Constitution, they are being treated as BCs without being subjected to any study to establish social and educational backwardness.
Therefore, it was requested that those who have converted to Christianity from the Christian Nadar, Christian Chanar, and Christian Gramani communities listed in Part A of Annexure 1 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016; those who have converted to Christianity from the Fisherman, Parvatharajakulam, Pattinar, and Sembadavar communities listed in Part C; and those who have converted to Christianity from the Mukkuvar or Mukkaiyar communities, be removed from the lists of Backward Classes, Most Backward Classes, and Denotified Communities. This was stated in the petition.
This petition came up for hearing before the bench of judges G.R. Swaminathan and M.D. Sumathi. The order later issued by the judges stated: On the petitioner’s side, it was submitted that if a Brahmin converts and joins the 'CSI' denomination, then under the current legal framework he should be granted OBC status, which was shocking information. If this is true, it is essential to seriously reconsider it. This case has raised highly important constitutional debates that call into question the very foundation of the legal principles governing reservation in Tamil Nadu.
Article 16(4) of the Constitution permits reservation only for members of backward classes who have not received adequate representation in government jobs. Converting to another religion cannot create a new birth-based social identity. The Supreme Court has said in a case that this cannot be used to shed an old caste identity for one purpose and acquire a different social identity for another.
CSI is the largest religious institution, with about 4 million members. It is administered by a 'Synod' system. It owns substantial assets. Its revenue in the 2024-25 financial year is said to have exceeded Rs. 3,067 crore.
In short, anyone from an advanced class can get baptized, join the CSI, and obtain a certificate as a “backward class” person. This is equivalent to handing over the authority to determine legal reservation eligibility to a religious organization. The authority to determine legal eligibility cannot be delegated to a religious or community organization.
We are satisfied that there is a strong reason for this case to be subjected to a detailed constitutional law examination. Accordingly, the writ petition is admitted. On behalf of the petitioner, it was requested that the matter be heard urgently as recruitment procedures are currently under way. Accordingly, permission is granted for the petitioner to file an interim petition. Notice will be issued to the Tamil Nadu government and the TNPSC to respond to this petition. Thus, the judges have stated in their order.