Conferment Of Scheduled Caste Status To Christian Candidate Who Embraced Hinduism Only For Availing Reservation in Employment Amounts To Fraud On Constitution: SC
The Supreme Court held that the conferment of Scheduled caste communal status to a person, who is a Christian by religion, but claims to be still embracing Hinduism only for the purpose of availing reservation in employment, would go against the very object of reservation and would amount to fraud on the Constitution.
The appeal before the Apex Court was directed against the order of the Madras High Court dismissing the Writ Petition preferred by the appellant for quashing the proceedings registered against her and also directing the Respondent Authorities to issue Scheduled Caste community certificate to her as per the Constitution (Pondicherry) Scheduled Castes Order, 19642.
The Division Bench comprising Justice Pankaj Mithal & Justice R. Mahadevan asserted, “However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief on the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motive will only defeat the social ethos of the policy of reservation.”
Senior Advocate N. S. Nappinai represented the Appellant while AOR Aravindh S. represented the Respondents.
The appellant, in this matter, was born in 1990 to one Christian S/o. Mounien and Santhamarie and her birth was duly registered with Pondicherry Municipality. According to the appellant, her father, grandparents and great grandparents professed the Hindu religion and belonged to Valluvan Caste, which is recognized as one of the Scheduled Castes under the S.C. Order, 1964. Her mother was a Christian by birth and after marriage, she got converted to Hindu religion and started to profess the same. In the year 2015, she applied for the post of Upper Division Clerk and was selected.
However, her application for issuance of community certificate under the S.C. Order 1964 was rejected on the ground that she did not profess Hinduism, Buddhism and Sikhism. The appeal preferred against the said order came to be rejected by the Authorities. The appellant approached the Central Administrative Tribunal by filing an Original Application against the Order cancelling her selection to the post of UDC but the same was rejected. After dismissal of her Petition by the High Court, the Appellant filed the instant appeal.
It was the appellant's case that she professes the Hindu religion, belongs to Valluvan caste, which falls within the ambit of the S.C. Order, 1964, and hence, she is entitled to get concessions under the Adi Dravida quota.
At the outset, the Bench stated that the Schedule appended to the S.C. Order, 1964, mentions 15 castes, in which the Valluvan Caste is recognized as a Scheduled Caste. The Bench referred to the report submitted by the Village Administrative Officer which clearly established that the appellant’s father belonged to Scheduled Caste community and the appellant’s mother was a Christian and their marriage was performed as per the Christian rituals. The records also showed that the appellant’s father had converted to Christianity through baptism .The appellant and her brother were also baptized and the field verification clearly revealed that they had been regularly attending the church. “Therefore, it is clear that the appellant was a born Christian and she would not be entitled to claim the certificate under Scheduled Caste Category”, the Bench added.
The Bench also noted, “Thus, it can safely be inferred by us that the appellant is a Christian by religion and she does not profess Hinduism. In view of that, in terms of the S.C. Order, 1964, as per which, the Scheduled Caste community certificate can be issued only to a person who is professing either Hinduism Sikhism or Buddhism, the appellant is not entitled to the Scheduled Caste community certificate.”
The facts of the case further suggested that the appellant was a born Christian and could not be associated with any caste. “In any case, upon conversion to Christianity, one loses her caste and cannot be identified by it. As the factum of reconversion is disputed, there must be more than a mere claim. The conversion had not happened by any ceremony or through Arya Samaj. No public declaration was effected. There is nothing on record to show that she or her family has reconverted to Hinduism and on the contrary, there is a factual finding that the appellant still professes Christianity”, the Court observed.
Rejecting the contention that the caste would be under eclipse upon conversion and resumption of the caste upon reconversion, the Bench highlighted, “Therefore, the conferment of Scheduled caste communal status to the appellant, who is a Christian by religion, but claims to be still embracing Hinduism only for the purpose of availing reservation in employment, would go against the very object of reservation and would amount to fraud on the Constitution.”
Dismissing the appeal, the Bench held, “...the evidence presented clearly demonstrates that the appellant professes Christianity and actively practices the faith by attending church regularly. Despite the same, she claims to be a Hindu and seeks for Scheduled Caste community certificate for the purpose of employment. Such a dual claim made by her is untenable and she cannot continue to identify herself as a Hindu after baptism”
Cause Title: C. Selvarani v. The Special Secretary- Cumdistrict Collector and Others [Neutral Citaiton: 2024 INSC 900]
Appearance:
Appellant: Senior Advocate N. S. Nappinai,Advocates V. Balaji,Asaithambi Msm, Atul Sharma, C. Kannan, Nizamuddin, B. Dhananjay, AOR Rakesh K. Sharma
Respondents: AOR Aravindh S., Advocate Akshay Gupta
