PROF I ELANGOVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (Writ Petition filed for the issuance of a writ of declaration declaring Government Letter Ms. No.81, Adi Dravidar and Tribal Welfare Department dated 19th Sept., 2000 as unconstitutional.) This writ petition was preferred by the petitioner for a declaration that the Government Letter Ms. No.81, Adi Dravidar & Tribal Welfare Department, dated 19th Sept., 2000, is unconstitutional.

(2.) THE impugned letter Ms. No.81, Adi Dravidar & Tribal Welfare Department, dated 19th Sept., 2000, relates to enjoyment of benefit of reservation meant for Scheduled Caste on conversion from Christianity to Hinduism. THErein giving reference to a Supreme Court decision dated 25th Jan., 1996, in SLP No.27571/95 (reported in (1996) 3 SCC 100 " S. Swvigaradoss " Vs " Zonal Manager, FCI), the Secretary to Government, Adi Dravidar & Tribal Welfare Department, Government of Tamil Nadu, Chennai, clarified that as per the said judgment, a Christian by birth, on conversion to Hinduism, shall neither be eligible to get Scheduled Caste certificate nor be eligible to enjoy the benefits of reservation.

(3.) COUNSEL for the petitioner submitted that the petitioner has no grievance against the first part of the letter, wherein it has been directed to notify the conversion in a Government Gazette and to obtain an affidavit from the members of his community that the person has been accepted by them as one amongst their community members; the grievance is against the last sub-paragraph of para-2, wherein it is clarified that first time convertee Christian to Hindu is not entitled to enjoy the benefit of reservation.