Chennai: Madras high court has held that Dalit Christians could enjoy the benefits of reservation if they followed Hindu customs after being converted into Hinduism under the supervision of a well-known Hindu organisation.
While disposing of a petition filed by A. Megalai, Justice R. Suresh Kumar confirmed the Hindu Adi Dravidar status (SC) accorded to the woman, denied a job on the ground that her conversion to Hinduism cannot be accepted.
The matter pertains to A. Daisy Flora, originally a Dalit Christian, who converted to Hinduism and the Vishva Hindu Parishad performed the ‘Sutthi Satangu’ in 1998. Following the conversion she changed her name as A. Megalai. She also married a Hindu Dalit. The Teacher Recruitment Board denied her the post of Junior Grade Assistant on the ground that her conversion for marrying a Hindu was not valid. Hence, Megalai moved the High Court in 2004 and following an interim order she was given the posting, pending final orders on the petition and given promotions with other benefits.
Additional Advocate General Nirmala Sampath submitted that merely because she married a Hindu man, on that strength alone she cannot claim the status of her community as Hindu SC. The courts have taken the view that once a person belongs to Christianity converted into Hinduism or the person belong to Hinduism converted into Christianity and again reconverted into Hinduism, cannot by virtue of the mere conversion, claim the status of Scheduled Caste community, unless the person should have been accepted by the community for all practical purposes. There must also be a proof to show that the person, who, on conversion into Hinduism, from such conversion had been continuously following the Hindu customs.
Justice R. Suresh Kumar, said VHP, a reputed Hindu organisation, having branches throughout the country, has accepted the conversion and people, who are residing in the locality had also given statement before the revenue officials that Megalai on conversion had been continuously following the Hindu customs and she belongs to Hindu community, there can be no doubt that the claim made by the petitioner for being a Hindu Adi Dravidar community, can very well be accepted. There can be no doubt that he/she be treated as a Hindu Adi Dravidar.
The judge said in the result, the petitioner’s selection and appointment to the post of Junior Graduate Teacher, which has consequently been re-designated as Graduate Teacher (Science) is to be confirmed. Since the petitioner has already completed probation and declaration was also given and ranking number has also been given by the Teacher Recruitment Board, the said selection and appointment of the petitioner shall not be disturbed for the reason of communal status.
