Treat converted Muslim women as BC for government job, says Madras High Court

Chennai: Coming to the rescue of a converted Muslim woman denied employment by the authorities on the ground that she is not a Muslim by birth, the Madras high court has directed the Tamil Nadu public service commission (TNPSC) to treat her as backward community Muslim while considering her for the post of typist in group IV services. Justice D. Hariparanthaman gave the directive while passing orders on a petition filed by R. Ayesha.

According to Ayesha, she was a Hindu by birth, belonging to backward class. She converted to Islam on November 28, 2005. She also obtained community certificate dated August 12, 2014 issued by the deputy tahsildar, Madurantakam taluk, Kancheepuram district, that she belongs to Muslim Labbai, which was recognised as backward class as per a 1994 G.O. When TNPSC called for applications for the post of junior assistant/typist group IV, she applied for the post and wrote the examination on December 21, 2014. She scored 153 marks.

TNPSC, in its July 31, 2014 letter, called her for certificates’ verification on August 20. The official, who verified them, informed that she has applied under the BC Muslim category, but ineligible for the post as she was not a Muslim by birth. She then made a representation to TNP SC to consider her as a BC Muslim. Since no order was passed, she filed this petition. In its counter, TNPSC said as per government’s August 22, 2012 letter, converted Muslim has been classified under ‘others’ category.

If the petitioner came under ‘others’ category, she was over aged. She was 32 years while the  age limit for ‘others’  was 30, TNPSC said.The judge said, “In M.U. Aariffaa’s case, after referring to various Apex court judgments, I have considered the issue in detail and held that a Hindu Nadar, who belongs to BC, on conversion to Islam as Labbai Muslim shall be considered as BC Muslim. “In the light of the judgment, a direction is issued to the TNPSC to treat the petitioner as backward community Muslim while considering her for the post of typist in Group IV services,” the order said.