JUDGMENT/ORDER: S. Manikumar, J. 1. In W.P.No.17642 of 2015, petitioner has challenged community certificate No.13309061, dated 12/9/2014, issued by the Zonal Deputy Tahsildar - I, Nanguneri, by which, her community status has been mentioned as “Islam Nadar”, S.No.142 in G.O.Ms.No.28, Backward Classes, Most Backward Classes and Minorities Welfare (BBC) Department. 2. In W.P.No.24888 of 2015, petitioner has challenged the letter, dated 9/3/2015, of the under Secretary, Tamil Nadu Public Service Commission, Chennai, by which, request of the petitioner, for appointment, to the post of Junior Assistant, could not be considered, as per the instructions contained in Government letter No.11373/BNCB, dated 22/8/2012. According to TNPSC, case of the petitioner has been considered as “OC” and all the vacant seats in open category, in the said counseling have been filled up. For brevity, letter, dated 9/3/2015, of the Under Secretary, Tamil Nadu Public Service Commission, is extracted hereunder:- “TAMIL” 3. As both the writ petitions relate to issuance of Community Certificate and consequently, claim for appointment, to the post of Junior Assistant, on the basis of the earlier Community Certificate, dated 19/1/2012, issued by the Zonal Deputy Tahsildar - II, Nanguneri, describing her Community status as “Muslim Labbai”, S.No.098 G.O.Ms.No.28, submissions being common, they are taken up together and disposed of by a common order. 4. Short facts, leading to both the writ petitions are that the petitioner was born on 24/5/1974, to P. Chinnathambi and C.Chellammal and both of them were Christian Nadars. She took her baptism as C.Packia Hepsi Beula, underwent School education. Embraced Islam, on 28/12/1995 and married to Md.Buhari, on the same day. Conversion certificate dated 28/12/1995 was issued by the President of South India Isha - Abdul Islam Sabai, Tirunelveli. After marriage, members of the Islam Society, recognised her, as one belonging to Islam and professing the same. 5. By Notification, dated 24/12/2008, published in Part - VI Section 4 in Tamil Nadu Government Gazette No.50, conversion of the petitioner to Islam was published. Earlier, on her request, certificate, dated 19/1/2012, was issued by the Zonal Deputy Tahsildar - I, Nanguneri, stating that the petitioner belongs to Muslim Labbai's Community, as per G.O.Ms.No.28 Backward and Most Backward Welfare Department, in S.No.098. Tamil Nadu Public Service Commission, Chennai, has notified vacancies, for the post of Junior Assistant, Group IV Services, for the year 2013. Petitioner has applied for the said post and on 25/8/2013, underwent examination. Tamil Nadu Public Service Commission, Chennai, has notified vacancies, for the post of Junior Assistant, Group IV Services, for the year 2013. Petitioner has applied for the said post and on 25/8/2013, underwent examination. In the application, with Registration No.261103072, submitted to TNPSC, the petitioner has mentioned her community as Muslim Labbais, Backward Class - Muslim (BCM). 6. In the written examination, held on 25/8/2013, she was ranked as 117, in BC - M list and over all ranking, 10156. She was called by the TNPSC, to appear on 17/6/2014, for verification of the community certificate. 7. Community Certificate, dated 19/1/2012, issued by the Zonal Deputy Tahsildar - 2, Nanguneri, wherein, her community has been mentioned as “Muslim Labbai”, was produced in original. However, without assigning valid reasons, she was not allowed to participate in the counseling, held on 18/6/2014. 8. Being aggrieved, under the provisions of Right to Information Act, 2005, her husband applied to TNPSC, as to why the petitioner was not selected. TNPSC, Chennai, vide letter, dated 9/3/2015, sent a reply, stating that since by birth, the petitioner was a Christian and on the basis of the instructions of the Government, in letter No.11373/BC and MW/09-02, dated 22/8/2012, she was treated as one belonging to OC, and all the seats have been filled up and hence appointment order could not be issued to the petitioner. 9. Though several grounds have been raised, assailing the correctness of both the orders, on this day, when the matters came up for further hearing, based on the proceedings in Na.Ka.No.A.9/216/2017, dated 9/3/2018, of the Tahsildar, Nanguneri, appellate authority, Mr.M.Elumalai, learned Government Advocate submitted that the order made in R.Dis.No.642/2014, dated 12/9/2014, impugned in W.P.No.17642 of 2015 has been cancelled. 10. Proceedings in Na.Ka.No.A9/216/2017, dated 9/3/2018, of the Tahsildar, Nanguneri, is extracted hereunder:- “TAMIL” 11. By canceling, the proceedings, dated 12/9/2014, certificate issued in No.10878429, dated 19/1/2012 of the Zonal Deputy Tahsildar - 2, Nanguneri, describing the petitioner as Muslim Labbai, S.No.098, G.O.Ms.No.28, Backward Classes and Most Backward Welfare Department dated 29/7/1994 stands restored. Said Certificate, is extracted hereunder. “TAMIL” COMMUNITY CERTIFICATE “TAMIL” This is to certify that.....................................................Son/Daughter of Thiru............................................................. of .............................................. Village/Town...........................................................Taluk.................................. District of the State of Tamil Nadu belongs to .................................................... ....................................................Community, which is recognised as a Backward Class as per Government Order (Ms.) No.28, Backward Classes and Most Backward Classes Welfare, dated 19th July 1994 vide Serial No................... 2. Said Certificate, is extracted hereunder. “TAMIL” COMMUNITY CERTIFICATE “TAMIL” This is to certify that.....................................................Son/Daughter of Thiru............................................................. of .............................................. Village/Town...........................................................Taluk.................................. District of the State of Tamil Nadu belongs to .................................................... ....................................................Community, which is recognised as a Backward Class as per Government Order (Ms.) No.28, Backward Classes and Most Backward Classes Welfare, dated 19th July 1994 vide Serial No................... 2. “TAMIL” 2. It is certified that Thiru/Tmt./Selvan/Selvi.....................................and his/her family ordinarily reside(s) at........................................Village/Town..........................Taluk.................District of Tamil Nadu. “TAMIL” 12. Inviting the attention of this Court, to the Government Orders, then in force, Mr.Vijay Narayanan, learned Advocate General, appearing for TNPSC submitted that orders were issued treating converts to Christianity from any Hindu Backward Class Community or Most Backward Class Community (except the converts to Christianity from Meenavar, parvatharajakulam, Pattanavar, Sembadavar, Mukkuvar or Mukayar and Paravar) or denotified Communities, as backward class. But in respect of converts from Scheduled Caste, Backward Class Community and Most Backward Class Community to Islam, the Secretary to the Government, Backward Class Community, Most Backward Classes and Minorities Welfare Department, in his letter No.11373/BNCB/09-2, dated 22/8/2012, has issued instructions, to treat those converts except, from Christian religion, as others. 13. Accordingly, Tamil Nadu Public Service Commission, considered the candidature of the writ petitioner, as one belonging to others, and having regard to the inter se merit of the candidates under the category others , and issued a letter, dated 9/3/2015, stating that order of appointment to the petitioner could not be issued. 14. During the course of hearing of the instant writ petitions, when attention of the learned Advocate General, Government of Tamil Nadu was invited to the notice of an interim order, made in M.P.(MD) No.1 of 2013 in W.P.No.1009 of 2013, dated 18/1/2013, wherein the Hon'ble Division Bench of the Madurai Bench of the Madras High Court, Madras, had granted interim protection, to the converts, till the Government decides the community status, learned Advocate General, representing Tamil Nadu Public Service Commission, submitted that by quoting the decision of the Hon'ble Supreme Court in Public Interest Litigation and Another Vs. Union of India {Writ Petition (Civil) No.180 of 2004, vide order, dated 21/1/2011, W.P.(MD) No.10009 of 2013 was disposed of, on 3/10/2016, by a Hon'ble Division Bench, by stating that the above writ petition cannot be entertained. Union of India {Writ Petition (Civil) No.180 of 2004, vide order, dated 21/1/2011, W.P.(MD) No.10009 of 2013 was disposed of, on 3/10/2016, by a Hon'ble Division Bench, by stating that the above writ petition cannot be entertained. Learned Advocate General, further submitted that inasmuch as the above said larger issue is pending in the Hon'ble Supreme Court, a Hon'ble Division Bench of this Court, found no purpose, in entertaining the said writ petition. 15. Placing reliance on the order made in W.P.No.1009 of 2013, dated 3/10/2016, learned Advocate General submitted that interim order granted, in M.P.(MD) No.1 of 2013, dated 18/1/2013, no longer holds good, because, ultimately, W.P.No.1009 of 2013 has been disposed of. 16. In M.P.(MD) No.1 of 2013 in W.P.No.1009 of 2013, dated 18/1/2013, a Hon'ble Division Bench of the Madurai Bench of Madras High Court, at paragraph Nos.12 and 13, ordered as hereunder:- “12. In view of the same, we are of the view that the said category of the candidates should not be deprived of their employment opportunities in the interregnum period by treating them to the effect that they are coming only as 'others'. Hence, we are inclined to grant the interim relief as prayed for by the petitioner in M.P.(MD) No.1 of 2013 in W.P.(MD) No.1009 of 2013. 13. Accordingly, an interim direction is issued to the third respondent to consider the candidates, who have converted to Islam from Scheduled Caste as belonging to backward Class (Muslim) Community, pending disposal of this writ petition.” 17. Perusal of the order made in W.P.(MD)No.1009 of 2013 shows that Tamil Nadu Public Service Commission, represented by its Chairman, has been arrayed as the third respondent therein. 18. When Tamil Nadu Public Service Commission, respondent No.3, in W.P.No.1009 of 2013, has been directed by the Madurai Bench of this Court, as extracted supra, to Islam, the said interim order, issued in the year 2013, ought to have been made applicable to the writ petitioner also, who has approached this Court in 2015 itself, and that she should have been treated as “Muslim Labbais”, on the basis of the Community Certificate, dated 19/1/2012 and accordingly, inter se merit, in the category of Backward Class Muslim, ought to have been considered, against the vacancies, earmarked for Backward Class - Muslim. According to her, she was ranked as S.No.117 in Muslim Labai Community. 19. According to her, she was ranked as S.No.117 in Muslim Labai Community. 19. Learned Advocate General further submitted that the issue of community status of those converted to Islam, is pending before the Supreme Court, and in the above said circumstances, even if the writ petitioner has to be considered as Muslim Labbai, and appointment if any to be given, pending decision, on the issue by the Hon'ble Supreme Court, the appointment be conditional, subject to the outcome of the decision by the Hon'ble Supreme Court in Public Interest Litigation and others Vs. Union of India. We are not inclined to accept the said contention. W.P(Civil) 180 of 2004 is pending from 2004 onwards. It is our opinion that all appointments made from 2004 till the Hon'ble Supreme Court decides the matter, would not have been made by the Government, as conditional appointment. Even after the report of the Backward Classes Commission, Government is yet to take a decision on this issue. 20. In the light of the above discussion, we are of the view that the petitioner, whose community status has been restored as Muslim Labbhai, recognised as a Backward Class Community, has to be considered on her merit, to the post of Junior Assistant, 2013 - 2014. If the petitioner is found eligible on the basis of her merit, with Community status, i.e., Backward Class Muslim (Muslim Labhai), Tamil Nadu Public Service Commission shall allot her a suitable place and position, in the list of selected candidates, in accordance with the procedure followed. The said exercise has to be completed within a period of four weeks from the date of receipt of a copy of this order. 21. With the above directions, these writ petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.