S JAYARAJ Vs. TAHSILDAR

JUDGEMENT

(1.) THE petitioner claims that he is a Hindu by birth and belongs to Adi Dravida caste, which is a schedule caste. On the strength of such certificate, he was recruited to serve in Post and Telegraph Department in the year 1975. As he married a christian girl in the year 1977, he converted to christianity to facilitate the marriage. THEreafter, on 22.10.2004,he got himself converted to Buddhism and underwent Dharma Dhiksha at Nagpur. He was issued with a certificate by the Parm Pujya Dr,. Babasahem Ambedkar Smarak Smithi. After conversion to Buddhism, he gave a representation to THE Chief Superintendent, Central Telegraph Office, Chennai, to incorporate my conversion to Buddhism in the records. In lieu of his conversion he applied to the Tahsildar, Tambaram Taluk, to issue a community certificate certifying himself to belong to schedule caste as in the meantime, the petitioner had obtained a certificate stating that he belong to Christian A.D. By the impugned order, the said request was rejected solely on the ground that the since the petitioner had converted to Christianityand thereafter converted to Buddhism, he is not entitled to such a certificate.

(2.) QUESTIONING the order, the present writ petition has been filed. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader. The Government of India, in Ministry of Law and Justice (Legislative Department) notified the assent of President on 03.06.1990 by adding "the Buddhist" also in paragraph 3 of the Constitution (Scheduled Castes) Order (Amendment) Act, 1990, thereby making Buddhist also to be considered as Schedule Caste. The conversion of the petitioner to Buddhism is not in dispute. That being so, he has specifically averred in his affidavit that he got converted himself into Buddhism on 22.10.2004 and also underwent Dharma Dhiksha at Nagpur and he has been issued with a certificate evidencing such conversion. The petitioner has also enclosed the said certificate issued on 22.10.2004 by the Secretary to Parm Pujya Dr,. Babasahem Ambedkar Smarak Smithi.