New Delhi: Stating that social backwardness of person can't be transferred from Hindu to non-Hindu social order, the Supreme Court on Thursday held that a person converting from Hinduism to Islam can't claim Backward Class (Muslim) status.
A bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar dismissed a Tamil Nadu government plea against a Madras High Court order, which held that a person converting to Islam can't claim reservation under Backward Class (Muslim) category solely on the basis of conversion.
"A person who converts from the Hindu social order to a non-Hindu social order cannot claim affirmative action under Article 16(4) of the Constitution merely on the basis of the social backwardness associated with his pre conversion status. Backwardness suffered in the antecedent social order cannot by itself be carried forward so as to confer upon him the status of a backward class in the religion to which he has converted," the Court said.
While upholding the high court order, which had quashed the Tamil Nadu government’s notification to grant reservation to converted Muslims, the top court said it called for no interference.
On August 7, the top court had reserved its decision on the plea moved by the state government against the high court verdict.
The state government's appeal said the impugned judgment gives rise to substantial questions concerning the permissible scope of interference with executive policy framed pursuant to the recommendation of an expert statutory commission.
(With inputs from PTI, BarandBench)