D. RAHAMATULLA Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE prayer in the Writ Petition is seeking for a Writ of Mandamus directing the Respondents to consider the Petitioner for appointment in the Group-IV services by considering the fact that the Petitioner belongs to Backward Class.

(2.) THE case of the Petitioner is that he originally belonged to Christian religion under the name of D. Rayappan. After developing interest towards Islam religion, the Petitioner converted himself to Islam on 23.9.2000 and also married one Mumtaj according to the Islam rites on 8.4.2001. After such conversion, the Petitioner had changed his name as D. Rayappan and he had been accepted as Muslim by the said Community. The change in the name has also been published in the Tamil Nadu Government Gazette on 11.12.2002. The Second Respondent also through his proceedings dated 11.6.2007, issued Community Certificate that the Petitioner belongs to Muslim Lebbai Backward Class. Based on the same, the Petitioner was appointed in the Commercial Tax Officer, Karur, on 15.7.2003. The First Respondent called for Applications for the Group-IV services Special Competitive Examination for the year 2007. The Petitioner had applied for the same and attended the examination held on 17.2.2008. The petitioner had done well in the examination and he also passed the same. Thereafter, the First Respondent by his proceedings dated 17.7.2003 called the Petitioner to furnish the Certificates for verification. Thereafter, the Petitioner was not informed about his appointment and on the other hand, he had come to understand that his result was withheld. Hence, he made representations to the First Respondent on 22.10.2009 & 19.01.2010, requesting him to provide with employment in Group-IV services as he had already passed the competitive examination. The First Respondent instead of publishing the results and appointing the Petitioner, had informed through his communication dated 22.10.2010, that in the absence of any Government Order clarifying as to what is the status to be given to the persons who converted from Christianity to Islam, his result cannot be published. The Petitioner thereafter made several representations and reminders requesting the First Respondent to appoint him to any of the Group-IV services and as the same were not considered, he had come forward with this Writ Petition.

(3.) THE First Respondent entered appearance through his Counsel and filed a Counter Affidavit stating that the Petitioner had applied for Group-IV Services (Special competitive Examination) and he had appeared for the written examination for the recruitment to the post of Junior Assistant and Bill Collector which was held on 17.2.2008. The Results of the Petitioner for the said recruitment had been withheld for the verification of the genuineness of his community. It is further stated by the First Respondent that the Petitioner originally belonged to the Christian Parayan Community which is included in the list of Backward Class and later he converted to Muslim religion. It is further stated by the First Respondent that the Petitioner had produced a Community Certificate showing that he belongs to Muslim Lebbai community which is included in the list of Backward Class. It is further stated by the First Respondent that in the absence of any Government Order clarifying with regard to the status of a person who converted from Christianity to Islam, his result can not be published and the same is withheld for want of clarification from the Government by keeping the Petitioner under the category of "others ".