In a significant ruling on reservation policy and religious conversion, the Madurai Bench of the Madras High Court has declared unconstitutional a Tamil Nadu Government Order that permitted certain Hindu converts to Islam to obtain Backward Class (Muslim) community certificates. The Bench held that while every individual has the constitutional right to choose and practice a religion, conversion alone cannot entitle a person to claim membership in a notified Backward Class Muslim community.
Background of the Case
The petitioner, Sameer Ahamed (formerly Paramasivam), was born into a Hindu family in Thoothukudi district. He embraced Islam in 2015, officially changed his name, married according to Islamic rites, and later applied for a community certificate identifying him as "Muslim Labbai," one of the notified Backward Class Muslim communities in Tamil Nadu.
His application was rejected by the Tahsildar on the ground that he had converted to a religion and not to a caste or community. Challenging that decision, he approached the High Court seeking issuance of the community certificate.
Court Examined 2024 Government Order
During the proceedings, the petitioner relied on G.O. (Ms.) No. 31 dated March 9, 2024, issued by the Tamil Nadu Government. The Government Order allowed individuals belonging to Backward Classes, Most Backward Classes, Denotified Communities or Scheduled Castes, who converted to Islam, to receive Backward Class (Muslim) community certificates by placing them under one of the seven notified Muslim communities.
The State defended the policy, arguing that it was based on the recommendation of the Tamil Nadu Backward Classes Commission and was intended to ensure that persons who already enjoyed reservation benefits before conversion would not lose them merely because they adopted another religion.
Court's Observations
The Division Bench of Justice G.R. Swaminathan and Justice P.B. Balaji disagreed with the Government's stand. The judges observed that longstanding judicial precedents had consistently held that a person who converts to Islam becomes a Muslim but does not automatically become a member of any particular Muslim community identified for reservation purposes.
At the very beginning of the judgment, the Bench remarked:
"Paramasivam S/o Narayanan becoming Sameer Ahamed would have passed off as exercise of one's fundamental right under Article 25 of the Constitution of India. But when after such metamorphosis, the convertee continues to claim the benefit of reservation, it triggers yet another conversation, nay debate, on the legitimacy and legality of such demand."
The Court relied on earlier decisions of the Madras High Court and the Supreme Court, observing that membership in notified Backward Class Muslim communities is acquired by birth and not by conversion.
The Bench further observed:
"As held by the Division Bench of the Madras High Court more than 75 years ago, upon conversion to Islam, one becomes a Muslim... He cannot be pigeonholed into any particular sect or community which can be only by virtue of one's birth therein."
Government Order Held Unconstitutional
The Court held that the State Government could not, through an executive order, override binding judicial precedents. According to the Bench, the 2024 Government Order effectively attempted to recognize conversion into one of the seven notified Backward Class Muslim communities, which was inconsistent with settled law.
The judges also found the policy arbitrary because it grouped converts from different reserved categories under a single Backward Class (Muslim) classification without constitutional justification.
The Bench stated that executive action cannot nullify judicial decisions and emphasized that such an exercise would undermine the rule of law.
Decision
Declaring G.O. (Ms.) No. 31 dated March 9, 2024 unconstitutional, the Madras High Court upheld the Tahsildar's rejection of the petitioner's application for a Backward Class (Muslim) community certificate.
The Court concluded:
"We accordingly declare that the said G.O. is unconstitutional... As a corollary, we hold that a convert to Islam cannot claim the status of Backward Class Muslim. He is only a Muslim and that's all there is to it."
Accordingly, the writ petition was disposed of, the impugned rejection order was sustained, and the connected miscellaneous petition was closed.
Case Details
Case Title: Sameer Ahamed. N v. The District Collector & Others
Case Number: WP(MD) No. 7127 of 2022
Bench: Justice G.R. Swaminathan and Justice P.B. Balaji
Decision Date: 25 June 2026
