TN Government to file review petition for reservation for converted Muslims
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By Syed Ali Mujtaba, Edited by Adam Rizvi, The India Observer, TIO: Chennai: The Tamil Nadu Cabinet, headed by Chief Minister Joseph Vijay, on October 29, 2026, has plans to file a review petition against the Supreme Court judgment concerning reservation for Muslims who converted from Hinduism to Islam.
Tamil Nadu Energy Resources and Law Minister, CTR Nirmal Kumar, told the media persons after the Cabinet meeting.
“The government would file a review petition against the Supreme Court judgment that quashed a 2024 government order on reservation for converted Muslims,” the Minister said.
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“The petition will be filed after the necessary decisions are taken in the coming days,” he added.
The Apex Court had earlier ruled that anyone, after conversion and joining the Islamic fold, will not avail the reservation benefits under the Backward Community quota.
In Secretary to Government v. Sameer Ahamed N., the Supreme Court of India ruled on October 15, 2026, that converting to Islam does not automatically grant a person membership in notified Backward Class Muslim (BCM) categories or carry over pre-conversion caste or community reservation benefits.
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Justices Prashant Kumar Mishra and Shree Chandrashekhar held that backwardness experienced in a prior social order cannot be automatically transferred to a non-Hindu or Islamic social order upon conversion.
The bench dismissed the Tamil Nadu government’s appeal. It upheld the Madras High Court’s decision, which had struck down a state government order allowing individuals converting to Islam from certain Hindu communities to claim the state’s 3.5% sub-quota or community certificates under the Backward Class (Muslim) category.
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The court emphasized that determining eligibility for a community certificate is a public function that cannot be handed over to private religious bodies like a ‘Jamath’.
Following the verdict, the Tamil Nadu Cabinet—chaired by Chief Minister C. Joseph Vijay—decided to file a review petition in the Supreme Court, maintaining that converts should remain eligible for reservation benefits.
Some political allies, such as VCK leader Vanni Arasu, have urged the state government to explore a legislative amendment rather than just relying on a judicial review petition.
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The Tamil Nadu cabinet also approved forming an exclusive Social Justice Commission to conduct a state-wide caste survey.
“For that, one commission will be formed, headed by a retired High Court judge. With that commission, the social status survey will be conducted after February or March of 2027,” Minister CTR Nirmal Kumar said.
“We will be doing a social status survey after the central government completes the population census,” the Minister added.
“The social justice survey is expected to be different from the caste enumeration that is to be conducted by the Union government. The proposed survey will involve a detailed socio-economic assessment of communities in the state. This will include family income, occupation, land ownership, educational status, school and college enrolment, dropout rates and access to welfare schemes.”
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“The formation of a commission to conduct a social justice survey will be fulfilling a promise made in the Governor’s address to the Assembly.”
Read the full story at TheIndiaObserver.com
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