Saifullah Sani
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A Hindu backward class person, who embraces Islam, shall be considered as backward class Muslim, the Madras high court has said, coming to the rescue of a woman who was denied a government job.
Justice D Hariparanthaman directed Tamil Nadu Public Service Commission to accept the application of R Ayesha, who embraced Islam in 2005 and applied for a typist post in 2014 as a backward class (BC) Muslim candidate.
By birth, Ayesha was a Hindu, and she embraced Islam on November 28, 2005, and in August 2014 she obtained community certificate stating she belonged to Muslim Labbai community. As per a July 19, 1994 government order, Muslim Labbai is a recognised BC community.
She wrote examination for junior assistant/typist posts in December 2014. Though she was called for certificate verification, her application was rejected on the ground that she was not eligible for the post as she was not a Muslim by birth. She then moved the high court.
In its counter, TNPSC said Ayesha could have applied only under 'others' category where the upper age limit was 30 years. She was aged 32 years, and hence she was ineligible to apply for the post, it said. The woman's counsel, however, said the issue was covered by an order passed by Justice Hariparanthaman in an identical case, and added that the woman would be eligible if she is considered BC Muslim, and not under open category.
Acceding to the plea, Justice Hariparanthamanasked the TNPSC to treat Ayesha as a BC Muslim candidate and consider her for the post.
HC comes to rescue of woman who converted to Islam - The Times of India
Justice D Hariparanthaman directed Tamil Nadu Public Service Commission to accept the application of R Ayesha, who embraced Islam in 2005 and applied for a typist post in 2014 as a backward class (BC) Muslim candidate.
By birth, Ayesha was a Hindu, and she embraced Islam on November 28, 2005, and in August 2014 she obtained community certificate stating she belonged to Muslim Labbai community. As per a July 19, 1994 government order, Muslim Labbai is a recognised BC community.
She wrote examination for junior assistant/typist posts in December 2014. Though she was called for certificate verification, her application was rejected on the ground that she was not eligible for the post as she was not a Muslim by birth. She then moved the high court.
In its counter, TNPSC said Ayesha could have applied only under 'others' category where the upper age limit was 30 years. She was aged 32 years, and hence she was ineligible to apply for the post, it said. The woman's counsel, however, said the issue was covered by an order passed by Justice Hariparanthaman in an identical case, and added that the woman would be eligible if she is considered BC Muslim, and not under open category.
Acceding to the plea, Justice Hariparanthamanasked the TNPSC to treat Ayesha as a BC Muslim candidate and consider her for the post.
HC comes to rescue of woman who converted to Islam - The Times of India