Ayesha, born in a Hindu family, embraced Islam on November 28, 2005, and in August 2014 she obtained community certificate stating that she belonged to Muslim Labbai community. As per a July 19, 1994 government order, Muslim Labbai is a recognised Backward Community.
She wrote the examination for junior assistant/typist group-IV in December 2014 and scored 153 marks. Though she was called for certificate verification, her application was rejected at verification stage on the ground that she was not eligible for the post as she was not a Muslim by birth. Since no order was passed on her representation explaining her position, she filed petition in the Madras High Court.
Tamil Nadu Public Service Commission in its counter contented that, the petitioner 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 not eligible to apply for the post. The counsel of the petitioner 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 Backward Class Muslim and not under open category.
Acceding to the plea, Justice Hariparanthaman said he had passed orders in M U Aariffaa’s case, which is similar to Ayesha’s case, after referring to various Supreme Court rulings. Court then asked Tamil Nadu Public Service Commission to treat Ayesha as a Backward Class Muslim candidate and consider her for a post.
After considering the plea of both the parties Honourable High Court of Madras on held that a Hindu Backward Class person, who embraces Islam, shall be considered as BC Muslim. Justice D Hariparanthaman of the High Court of Madras passed the order and directed Tamil Nadu Public Service Commission to accept the application of R Ayesha, who embraced Islam in 2005 and applied for a typist’s post in 2014, as a Backward Class Muslim candidate.