Conversion to Islam Does Not Confer Backward Class Muslim Status: Supreme Court Upholds Quashing of Tamil Nadu G.O.

A man born to Hindu parents in Tuticorin District embraced Islam in 2015 and applied for a Backward Class (Muslim) community certificate as a "Muslim Labbai"; it was refused in 2020 because he had converted to a religion and not to a caste (paras 2-3). While his writ petition was pending, the State, on the Tamil Nadu Backward Class Commission's recommendation, issued the G.O. of 09.03.2024 allowing such converts to be certified under one of seven Backward Class Muslim communities that share a 3.5% reservation (paras 5-6). The High Court impleaded the State, declared the G.O. unconstitutional on 25.06.2026 and dismissed the writ petition (paras 7-8). The State appealed, objecting that the G.O. was never challenged (para 9).

The High Court could test the G.O. though no prayer challenged it: the right claimed rested on it, and the State was impleaded, filed a counter affidavit and was heard (paras 16-18). Where an entitlement under Article 16(4) arose from social backwardness within the Hindu social order, conversion to Islam, Christianity or another order that does not recognise caste ends it; the earlier disadvantage cannot be carried into the new religion (paras 39, 41). Conversion establishes religious affiliation, not membership of a social community such as Labbai, Rowther or Marakkayar, and the Court agreed with G. Michael that a convert cannot be classed in a community of the pre-conversion order (paras 45-47). The G.O. shows no common characteristic linking the pre-conversion classes to the seven Muslim communities and fails Articles 14, 15(4) and 16(4); the Commission's recommendation cannot cure that (paras 49, 52-54). Scheduled Caste status ends on conversion under paragraph 3 of the 1950 Order, as held in Chinthada Anand (paras 50-51). Nor can the State leave community status to a Jamath, a private religious body (paras 55-58).