A.FATHIMA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner applied for the post of Assistant in the Rural Development and Panchayat Raj Department, for which advertisement was given by the Tamil Nadu Public Service Commission (TNPSC) vide., Advertisement No.280. Subsequently, the petitioner got an Hall Ticket for writing examination and she wrote examination and rank list was also published. The petitioner had obtained rank 4847 and as against her Registration No.14701268, her community was described as 'Others Female'. Subsequently, the communal cadre and cut-off mark were also published. According to the petitioner, for the Backward Class women the cut-off mar is 198.

(2.) THE case of the petitioner was that she was initially belonged to Hindu religion and born in Sengunthar Community, which is a Backward Class as per the the list of Backward Classes published by the State Government. She got married to one Mohamed Asath on 21.05.2006 by converting herself into Muslim. Since she got converted into Muslim and married a Muslim man, she applied for community certificate, which was also given by the Headquarters Deputy Tahsildar, Kancheepuram stating that she belongs to Backward Class Muslim Labbai community. She also published in the Government Gezette, dated 26.10.2009, about her name change from A.Premavathy to A.Fathima on 18.05.2006. It is armed with this document, the petitioner has filed the present writ petition seeking for a direction to the respondents to treat the petitioner as Backward Class Muslim and include her name in the selection list published by the TNPSC and also appoint her in the common decree post.

(3.) INSOFAR as the claim of the petitioner that because of her conversion into Muslim Religion and marriage to Muslim person as per Muslim rites, she can claim her community as Muslim Labbai community is concerned, the question is no longer resintegra. Though the petitioner produced a community certificate obtained from the Headquarters Deputy Tahsildar, Kancheepuram, as noted above, such a community certificate is not valid because the petitioner did not belong to Muslim Labbai Community, it is only her husband who belongs to the said community.