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C. Selvarani vs The Special Secretary-cum-District Collector and Others

Not available · 2024 INSC 900Decided 26 Nov 2024
Not available

Background

The appellant was born to parents who professed Hinduism and belonged to the Valluvan caste, recognised as a Scheduled Caste under the Constitution (Pondicherry) Scheduled Castes Order, 1964. She sought a writ directing the authorities to issue her a Scheduled Caste community certificate, relying on certificates already issued to her family members, after the authorities had rejected her claim and the Madras High Court dismissed her writ petition. The evidence showed the appellant had converted to and was actively practising Christianity, including regularly attending church, while still claiming Hindu Scheduled Caste status for the purpose of a certificate.

Decision Breakdown

The Supreme Court held that while every citizen has the right under Article 25 to freely practise and profess a religion of choice, reservation benefits tied to caste status presuppose that the person genuinely continues to belong to the professed religion and caste. Relying on precedent regarding reconversion and caste acceptance, the Court held that a person who has genuinely converted to Christianity cannot simultaneously claim to be a Hindu for the purpose of availing Scheduled Caste reservation benefits, doing so, where the conversion is driven by a desire for reservation benefits rather than genuine faith, would amount to fraud on the Constitution. Finding the appellant was an actively practising Christian, the Court held she could not continue to claim Hindu Scheduled Caste status, and dismissed the appeal.

Lesson Learnt

Caste-based reservation benefits are tied to genuine, continuing religious and community identity: a person cannot claim the benefits of a Hindu Scheduled Caste certificate while genuinely practising a different religion, as courts will treat such a dual claim as an abuse of the reservation system.

Official source (sci.gov.in)View Judgment (PDF)

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