While rejecting the view expressed by the commission, the judge said, 'The commission has no basis and the same has to be rejected.'
'In fact the effect would result in the denial of community certificate to all the converts to Islam though they are covered under List III of the Government order No:85 (dated July 20, 2008) which clearly says that a Hindu SC/MBC/BC on conversion to Islam, be treated only as a Backward class Muslim as per list III of the above government order.'
While confirming that in both Christianity, and in Islam, if the conversion is from Hindu Forward community it could not be treated as backward community, the Judge said 'It is not relevant as to whether the caste tag continues on conversion to Islam and the only thing that has to be seen is whether the convertor belonged to BC/MBC/SC before conversion to Islam.'
'The only one thing that has to be seen is as to whether the candidate has genuinely converted to any one of the sects in List III of the above said Government order. If it is so there ends the matter,' the judge said, allowing the plea.
The judge said the petitioner as a candidate belongs to backward class Muslim as mentioned in List III of G.O. and directed to place her at the appropriate place in the seniority list meant for Backward Class Muslim for selection for post of Station-Fire and Rescue Services-officer and pass consequential selection order if she is other wise eligible.
