Author:
Publication: PTI
Date: April 14 2007
The Madras High Court has set aside a communication
issued by the Tamil Nadu government that convert to Hinduism was not eligible
for the benefits of reservation.
A division bench, comprising Justice S J Mukhopadhaya
and Justice V Dhanapalan, had set aside a September 19, 2000 letter issued
by the Adi Dravidar and Tribal Welfare Department (ADTWD).
The letter clarified that according to a Supreme
Court order in January 1996 in the S Swivigara Doss versus FCI Zonal Manager,
a Christian by birth or convert to Hinduism shall neither be eligible to get
Scheduled Caste certificate nor enjoy the benefits of reservation.
Observing that the apex court had rendered
different rulings depending on the circumstances, the judges said "We
find that in different situations, taking into consideration the relevant
facts, findings have been given by the Supreme Court."
They said in the case of Guntur Medical College
versus Y Mohan Rao, a constitution bench of the Supreme Court had observed
that there was no absolute rule applicable in all cases that whenever a member
of a caste is converted from Hinduism to Christianity, the member loses his
membership of the caste.
Also referring to another apex court order
in the case of C M Arumugham versus Rajagopal and others, the judges, however,
upheld the rest of the communication sent to Prof I Elangovan, a lecturer
in a college located in Vellore.
