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Will a SC/ST/OBC person lose his government job obtained through reservations if he converts to Islam or some other religion?

Page no : 2

Known (B)     11 March 2010

I think court will grant divorce if spouse changes religion after marriage.

K P S SURESH (student)     13 March 2010

Dear Sir,

The backwardness is counted for recruitment and recruitment alone. For example, an OBC recruitee may come out of CREAMY LAYER after few years. That doesn't mean that when he enters CREAMY LAYER on a later day, he should loose the job. Lets be more reasonable, and just not prejudiced.

Anil Agrawal (Retired)     13 March 2010

When an MP dies, one of the surviving heirs (wife/son/daughter) is given ticket to become MP. It is the prevalent practice in almost all the political parties. We have seen gun-culture imbibed by them during college days. So they are eminently suitable for the job.

The controversy about SC/ST losing job can be easily resolved if reservation is given to the family in perpetuity - creamy layer or no creamy layer.

CJI wants quota for OBC in Parliament. What about fighter pilots?

Kadali RK Rao (Asst. General Manager (Personnel))     09 December 2010

Under the extant rules, SC converts to Christianity looses status of SC and if had already in the job, he will not be goven further benefit of SC status. ST / OBC converts to any religion, doesn't matter.

ravi (hyd)     18 September 2011

please reffer any supreme court judgements or any high court judgements.

ravi (hyd)     18 September 2011

please refer any judgements regarding sc/st/obc retaining his job after convertion to muslim or chritian

ravi (hyd)     18 September 2011

please provide me any supreme court judgements or any high court judgements

Anil Agrawal (Retired)     18 September 2011

I know a person belong to SC who continued to get all the benefits of promotion etc. even after converting himself to Buddhism. The father embraces Islam. Children continue to get benefit. Great country.

Kadali RK Rao (Asst. General Manager (Personnel))     21 September 2011

1.                   Christian religion (faith) is irrelevant  for OBC candidate unlike SC candidate;  As per the extant Para 3 of the Constitution (Scheduled Castes) Order, 1950 [known as the Presidential Order, 1950]  (https://lawmin.nic.in/ld/subord/rule3a.htm), no person who professes a religion different from the Hindu or the Sikh or the Buddhist religion shall deemed to be a member of a Scheduled Caste. Hence, this Order is not at all applicable to OBCs but only to SCs. However, the Authorities concerned interprets that as SC Christians fall in the Category of  BC(C) (OBC for employment in Central Govt. Posts) and as such on same analogy, OBC Christians will fall in OC (Open Caste i.e. General). You are aware that it is well laid down principle that the Executive through administrative  instructions / orders (written or verbal) cannot amend, alter or add limitations or qualifications resulting in amendment of the statutory rules. Thus,  the restriction imposed on SC Christians should not be enlarged on to OBCs;

 

2. The conclusion / judgment dated 16-11-1992 of the nine-judge Constitution Bench of Supreme Court of India in Indra Sawhney Vs. Union of India AIR 1993 SC 485 / 745 / 761 at Paras 661(3 & 4) and 700(3) under ref. no.6 is reproduced below in verbatim :


At Para 661(3) & 661(4): (3) Backward Class under Article 16(4) is not confined to erstwhile sudras or depressed classes or intermediate Backward Classes amongst Hindus only; (4) Width of the expression includes in its fold any community Hindu, Muslim, Christian, Sikh, Budha, or Jain etc. as the expression is ‘backward class of citizens’.


At Para 700(3) “Reservation under Article 16(4) being for any class of citizens and citizen having been defined in Chapter II of the Constitution includes not only Hindus but Muslims, Christians, Sikhs, Budhs, Jains etc. the principles of identification has to be of universal application so as to extend to every community and not only to those who are either converts from Hinduism or some of whom to (who) carry same occupation as some of the Hindus.


As such, Christians are not included in the Creamy Layer Criteria and hence, they are not ineligible for OBC status.


3. NCBC, through FAQ 5 “Whether backward sections of the religious minorities are also eligible for Inclusion in the lists of OBCs?”, had also categorically answered the question as under (ncbc.nic.in/html/faq5.html) :


”The central lists of OBCs issued by the Government of India for different States and Union Territories do contain entries relating to sections of religious minorities. When a caste/community or group is included in the lists, it is included irrespective of the religion or denomination followed by the members of that caste/community or group.”

Sudhir Kumar, Advocate (Advocate)     11 February 2012

THERE IS NO NEED FOR CITATION.  GOVT SERVANT WILL CONTINUE ON THE JOB BUT WILL NOT GET ANY FUTURE RESERVATIN BENEFIT IN PROMOTION. 


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