Tamil Nadu   

Dalit convert eligible for benefits

Special Correspondent

CHENNAI: A man born to Dalit Christian parents who converted to Hinduism after renouncing Christianity is entitled to the rights and benefits given to Scheduled Caste people, the Madras High Court has ruled.

A Division Bench comprising Justice Elipe Dharma Rao and Justice S.K. Krishnan passed the order on a writ petition filed by R. Shankar, whose appointment as judicial magistrate was withheld by the Tamil Nadu Public Service Commission (TNPSC) on the ground that his conversion would not bring him under the SC category.

Mr. Shankar was born in 1964 to Dalit Christian parents and in 1983 he renounced Christianity and converted to Hinduism. He obtained an SC community certificate from the Gingee Deputy Tahsildar in 1983, and from Saidapet Tahsildar in 1990. In 2000, he wrote examinations for appointment as civil judge (junior division/judicial magistrate). Though he was selected after an interview, his selection was withheld for verification of community. Later he was informed that he was not eligible for appointment under SC quota as he was a born Christian. AR.L. Sundaresan, senior counsel for Mr. Shankar, argued that the latter's conversion was accepted by the community as a whole and that the community certificate issued by the Tahsildar after due inquiry could not be invalidated unless it was cancelled. However, counsel for the Government and the TNPSC said as per reports by the Revenue Divisional Officer and the District Vigilance Committee, the petitioner was not eligible for caste certificate. The reports were based on facts and proper inquiry as contemplated under law, and therefore, the prayer should not be accepted, they said. However, the Bench described the Government's arguments as "feeble and liable to be rejected."

The Bench directed the Commission to "forthwith appoint" Mr. Shankar to the post, kept vacant as per an interim order.

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