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2018 DIGILAW 2546 (MAD)

A. Megalai v. Member Secretary, Teachers Recruitment Board

2018-08-16

R.SURESH KUMAR

body2018
ORDER : 1. The prayer sought for in this writ petition is for issuance of a writ of Mandamus directing the respondents to appoint the petitioner as Junior Graduate Assistant temporarily in the available vacancy. 2. The short facts which are required to be noticed for the disposal of this writ petition are as follows: (i) The petitioner was possessing the qualification to be considered for appointment to the post for Junior Graduate Assistant. The first respondent called for application from eligible candidates for selection and appointment to the said post of Junior Graduate Assistants. Accordingly, the petitioner had applied for the said selection and she was permitted to attend the written examination with Roll No.G.O.4190366 and the petitioner had secured higher marks than the cut off marks prescribed by the first respondent in the communal category where the petitioner belongs to. She was further permitted for certificate verification on 24.03.2004 and subsequently, the selection list was published on 18.06.2004. (ii) In the said selection list published by the first respondent, the petitioner shockingly noticed that the candidates, who secured lesser marks than the petitioner in the said communal category i.e., Scheduled Caste category had been given selection, whereas, the petitioner's name was not found. On enquiry, the petitioner came to understand that, the community certificate issued to the petitioner, who belongs to Scheduled Caste on the basis of conversion of the petitioner from Christianity to Hinduism to claim that the petitioner belongs to Scheduled Caste seems to have been not accepted by the first respondent and that is the reason why her name was not found in the selection list. Only in that circumstances, the petitioner approached this court by filing the present writ petition with the aforesaid prayer. 3. Mr.R.Muthukkanu, learned counsel for petitioner would submit that, the petitioner originally belongs to Christian (Paraiyan) Community and subsequently she got married with one Mr.Vanavan, who belong to Hindu (Paraiyan) Community on 16.09.1999. On marriage, the petitioner got converted into Hindu community recognised by the community people of Hinduism and from the said conversion, the petitioner had been following the Hindu custom. And based on such conversion she was given the Community Certificate (Scheduled Caste Community) by the competent authority. On marriage, the petitioner got converted into Hindu community recognised by the community people of Hinduism and from the said conversion, the petitioner had been following the Hindu custom. And based on such conversion she was given the Community Certificate (Scheduled Caste Community) by the competent authority. Therefore, she is very well entitled to claim the Scheduled Caste community status in Hindu Religion and therefore, the benefit of reservation to be extended to Scheduled Caste people has to be extended to the petitioner also. In this regard, the learned counsel appearing for the petitioner has relied upon the claim made by the petitioner for getting Community Certificate and follow up action taken by the Revenue Authorities by conducting enquiry in the locality where the petitioner was residing or belongs to and ultimately had brought to the notice of this Court, the certificate issued by Vishwa Hindu Parikshit on 01.11.1998 by which, it has been certified that she had been converted into Hinduism and the necessary Poojas and performance had been undertaken by the said organisation to completely accept the petitioner as a member of the Hindu religion. 4. During the pendency of the writ petition, pursuant to the interim orders passed by this Court, the petitioner was appointed as Junior Graduate Teacher by appointment order of the Joint Director of School Education dated 28.03.2005. 5. Subsequently, the petitioner has been re-designated, as she was having qualification to hold such re-designated post as BT Assistant (Science), by order dated 17.02.2007 of Tiruchirapalli District, Chief Educational Officer. Thereafter, the Joint Director of School Education (Personnel) by proceedings dated 05.03.2007 had regularized the service of the petitioner from 01.06.2006. Thereafter, the probation of the petitioner has been declared by the Chief Education Officer of the Tiruchirapalli District by proceedings dated 08.08.2008 and the petitioner as such, had been continuously working as BT Assistant (Science) with all service benefits and perquisites without any hindrance. 6. I have heard Mrs.Narmadha Sampath, Learned Additional Advocate General appearing for the respondents, who would submit that, no doubt the petitioner originally belong to Christian Community and subsequently, she got married with Hindu man. Merely because she married Hindu man, on that strength, the petitioner cannot claim the status of her community as Hindu Scheduled Caste community. 6. I have heard Mrs.Narmadha Sampath, Learned Additional Advocate General appearing for the respondents, who would submit that, no doubt the petitioner originally belong to Christian Community and subsequently, she got married with Hindu man. Merely because she married Hindu man, on that strength, the petitioner cannot claim the status of her community as Hindu Scheduled Caste community. The Learned Additional Advocate General in this regard would also submit that, the courts have taken the view that once a person belongs to Christianity converted into Hinduism or the person belong to Hinduism converted into Christianity and again reconverted into Hinduism, cannot by virtue of the mere conversion itself, claim the status of Scheduled Caste community belongs to Hindu religion unless the person, who got converted into Hindu religion, should have been accepted by the community for all practical purposes. There must also be a proof to show that the person, who, on conversion into Hinduism, from such conversion had been continuously following the Hindu customs. 7. In this context, the learned Additional Advocate General would further submit that, even according to the petitioner, it is evident from her affidavit filed in support of the writ petition that, she belongs to Christian religion and subsequently converted into Hinduism and married a Hindu man, who belongs to Scheduled Caste community and therefore on that strength, she claimed the community status as Scheduled Caste community. The petitioner had not filed any acceptable proof for the acceptance of the authorities, who made selection for the appointment, to the satisfaction that, the petitioner, from such conversion into Hindu, had been continuously practising the Hindu custom and the Hindu community people or some recognised community organisation of Hinduism, had accepted such conversion universally known to everyone. 8. Therefore, the Learned Additional Advocate General in this context would submit that, unless such proof is filed or produced before the authorities to the satisfaction that the community has already accepted the petitioner as Hindu Scheduled Caste person and the petitioner also continues to follow the Hindu customs the said claim made by the petitioner cannot be accepted. 9. 8. Therefore, the Learned Additional Advocate General in this context would submit that, unless such proof is filed or produced before the authorities to the satisfaction that the community has already accepted the petitioner as Hindu Scheduled Caste person and the petitioner also continues to follow the Hindu customs the said claim made by the petitioner cannot be accepted. 9. The Learned Additional Advocate General would also submit that, the appointment made to the petitioner is only pursuant to the orders passed by this court and even in the appointment order itself, it has been specifically mentioned that such appointment shall be subject to the out come of the writ petition and based on which, the petitioner cannot claim any equity later on. Therefore on the strength of the appointment order and the subsequent service benefits conferred on the petitioner, she cannot claim any communal status without satisfying the authority in the manner as has been indicated above. 10. I have considered the said submissions made by the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents. 11. No doubt, the petitioner admittedly belongs to Christian Religion originally and subsequently, she wanted to convert into Hinduism, therefore, she voluntarily embraced the Hinduism. After having converted, the petitioner married a Hindu man, who belongs to a Scheduled Caste community. It is also to be noted that the petitioner also even under the Christian religion belongs to Scheduled Caste (Paraiyan Community). 12. These factors are not in dispute. The only dispute which has to be resolved in this writ petition is that, whether the said conversion claimed by the petitioner from Christianity to Hinduism was accepted by the community and in this regard whether there had been any proof to establish that such conversion was accepted and also, from the said conversion whether the petitioner had been continuously following the customs of the Hindu religion. 13. In this regard, Mr.R.Muthukkanu, learned counsel for the petitioner has brought to the notice of the court and drew the attention of the court on the application made by the petitioner seeking such Scheduled Caste community certificate from the authorities concerned. 13. In this regard, Mr.R.Muthukkanu, learned counsel for the petitioner has brought to the notice of the court and drew the attention of the court on the application made by the petitioner seeking such Scheduled Caste community certificate from the authorities concerned. In that application, it has been specifically mentioned by the petitioner that, on 01.11.1998 after adopting the procedural formalities, the Vishwa Hindu Parishad, T.Nagar, Chennai had admitted that the petitioner was converted as Hindu and such conversion had been performed and accepted by the said organisation. Subsequently, the Revenue Authority i.e., the Revenue Inspector, Thathaiyangarpet, Musiri had conducted a spot enquiry at the village the petitioner belongs and he had recorded that, after having enquired with the village people/community people in that locality, that the petitioner belongs to Hindu Paraiyan Community (after conversion), which is the Scheduled caste and she had been following the said customs only. 14. Based on the said spot enquiry conducted in that locality, the field level Revenue people, such as VAO and Tahsildar had recommended that the community certificate for Scheduled Caste community can be given to the petitioner. 15. The learned counsel for the petitioner has also brought to the notice of this court the Certificate dated 01.11.1998 issued by the Vishwa Hindu Parishad, having office at No.43, Ramanujam Street, T.Nagar, Chennai having branch, at Salem, in certificate No.1234 which reads thus: “Any Other language” 16. Pursuant to the conversion into Hinduism as performed by Viswa Hindu Parishad, the petitioner caused a Gazette Notification in Tamil Nadu Government Gazette dated 25.11.1998 where the following Public advertisement was given. "Selvi Daisy Flora, A (Christian) daughter of Thiru Arokiasamy, S. born on 20th June 1969 (native place Sikkathunboor Palayam) residing at R.C.Street, Sikkathamboor Palayam Post, Thuraiyur Taluk, Trichy District, reconverted to Hinduism with the name of Megalai, A, on 1st November 1998." 17. The learned counsel for the petitioner also drawn the attention of this court in G.O.(MS) No.1, Adi Dravidar Welfare dated 02.01.2009, issued by the Government of Tamil Nadu. In the said G.O., among other things, the following orders has been passed, which reads thus: “Any Other language” 18. The learned counsel for the petitioner also drawn the attention of this court in G.O.(MS) No.1, Adi Dravidar Welfare dated 02.01.2009, issued by the Government of Tamil Nadu. In the said G.O., among other things, the following orders has been passed, which reads thus: “Any Other language” 18. From the reading of the said Government Order, it became clear that, the Government decided to extend the benefit, to be given to the Scheduled Caste people, by way of reservation in employment opportunity, to those, who had converted from Christianity to Hinduism or those, who converted originally from Hinduism to Christianity and subsequently reconverted into Hinduism, provided, if the community accepts such conversion/re-conversion. 19. Here in the case in hand, though the petitioner originally belongs to the Christian (Scheduled Caste) community, subsequently, she voluntarily wanted to embrace Hinduism and had volunteered and intended to convert herself as a Hindu. In this regard, the Vishva Hindu Parishad, one of the reputed and internationally acclaimed organisation for Hindu Religion, who constantly and steadfastly propagating the greatness and richness of Hinduism and Hindu rites and customs in this country, had performed the necessary Pooja called 'Suthi Satangu' on 01.11.1998 and thereby, the name of the petitioner, which was originally called as 'Daisy Flora' has been changed into 'A.Megalai' and on completing the performance of the Pooja by the Pandits concerned of the Vishwa Hindu Parishad, it has been declared that, the petitioner had converted from Christianity to Hinduism. 20. When that being the position, as a reputed Hindu organisation, having branches through out the country, has accepted such conversion and the people, who are residing in the locality had also given statement before the Revenue Officials that the petitioner on conversion had been continuously following the Hindu customs and she belongs to Hindu community, there can be no doubt that, such claim made by the petitioner for being a Hindu Adi Dravidar community, can very well be accepted. 21. 21. In view of the factual matrix, since the criteria fixed by the Government, through the Government Order referred to above, of course in consonance with the law declared by the Honourable Apex court in this regard as has been rightly pointed out by the learned counsel appearing for the petitioner, has been fulfilled by the petitioner upto the expectations of the community concerned, her claim as Scheduled Caste community belongs to Hinduism can very well be accepted. 22. In this regard, the learned counsel for petitioner also brought to the notice of this court the proceedings issued by the Joint Director of School Education, Personnel, dated 22.08.2011 whereby, the said authority has also, after obtaining the ranking number from the first respondent, i.e., Teacher Recruitment Board, has declared that the petitioner, who had been selected as the teacher for the year 2003-2004 had been given a rank number as 433. 23. All these documents coherently and conjointly would go to show that, the petitioner belongs to Hindu Adi Dravidar community and based on that strength, the petitioner since applied for selection to post of Junior Grade Assistant she was not selected initially though she secured higher marks, for want of evaluation of community status. However, during the pendency of the writ petition, since the petitioner had been given appointment and has been continuously working with promotion and other service benefits and now by virtue of the documents produced before this court, prima facie, this Court feels that, the community status of the petitioner is no more required to be doubted at this stage, unless the Certificate issued in this regard (Community Certificate) is verified and cancelled by the authorities concerned in the manner known to law, the said status, cannot be disturbed. Therefore, based on such communal status, the selection made and appointment given to the petitioner can very well be confirmed. 24. In the result, the petitioner's selection and appointment to the post of Junior Graduate Teacher, which has consequently been re-designated as graduate teacher (Science) is to be confirmed. Since the petitioner has already completed probation and declaration was also given and ranking number has also been given by the teacher Recruitment Board, the said selection and appointment of the petitioner shall not be disturbed for the reason of communal status. With these directions the writ petition is disposed of. No costs. Since the petitioner has already completed probation and declaration was also given and ranking number has also been given by the teacher Recruitment Board, the said selection and appointment of the petitioner shall not be disturbed for the reason of communal status. With these directions the writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.