The Madras High Court has raised serious questions over the eligibility of Christian converts for Other Backward Class (OBC) reservation benefits in Tamil Nadu, questioning the constitutional basis for including certain Christian communities in the State's Backward (BC) Classes and Most Backward Classes (MBC) lists.
A Division Bench of Justice G.R. Swaminathan and Justice M.D. Sumathi expressed surprise at the possibility of a person from an upper caste claiming OBC status after converting to Christianity and joining the Church of South India (CSI). The observations came while hearing a petition challenging several community entries under the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
Background
The petition was filed by G. Kodeeswaran, a member of the Kallar community, recognised as a Backward Class in Tamil Nadu. He approached the Court after applying for the Tamil Nadu Public Service Commission's Combined Civil Services Examination IV (Group IV Services).
He challenged the inclusion of Christian Nadars, Christian Shanars, Christian Gramanis, CSI Christians and certain converts to Christianity in the BC and MBC reservation lists. He argued that their inclusion lacked adequate empirical data establishing social and educational backwardness.
During the hearing, the Bench questioned whether historical inclusion alone could justify the continuation of reservation benefits. Referring to the petitioner's argument about conversion and CSI membership, the Court observed that the issue required serious reconsideration.
The Bench stated:
"There is nothing axiomatic or eternal about one’s OBC status. A clear case has to be made out for inclusion or retention in the OBC list. Merely because some entities have enjoyed the privilege of reservation for a few decades, would that necessarily mean that the original inclusion was constitutionally justified? We answer in the negative."
The judges also considered the petitioner's reliance on earlier Backward Classes Commission reports and the alleged absence of objective data supporting the challenged classifications.
Finding merit in the constitutional concerns raised, the Court observed:
"We are therefore of the view that the petitioner has established a prima facie case that warrants deep constitutional scrutiny."
The High Court admitted the writ petition and directed notice to the respondents, allowing eight weeks for a response. The Tamil Nadu Public Service Commission was also impleaded as a respondent.
Considering the ongoing recruitment process, the Bench permitted the petitioner to file an interim application.
The constitutional validity of the challenged reservation entries remains to be decided.
