Known (B) 05 May 2008

OBC person lose his government job obtained through reservations if he converts to Islam or some other religion?

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

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24 Replies

Rajendran Nallusamy (Advocate) 06 May 2008

No, he wont lose his job

Rahul R. Samant (Advocate) 06 May 2008

Yes, definetly. He will lose his job. The purpose of reservation is to give uplifment to the downtroden people. If a person is converting himself after getting the job, the very purpose of legislature is not fulfill.

Guest (n/a) 07 May 2008

it depends upon the government rules of particular state because in some states like in haryana if a government service is found guilty of any ground on which her wife take divorce from him he is liable to be suspend from the job. your case is similar to that whoch is most of depends upon government service rules of your state

Known (B) 07 May 2008

I am seeing difference of opinion. Could you please cite some Supreme Court Judgments.

david vijaykumar (govt. servie) 11 May 2008

If a person was recruited against a post reserved for SC/ST/OBC may not loos the job because at the relevant time of recruitment, he belongs to the reserved category and entitled to all the benefits and facilities that are available for recruitment to the post. The reserved category post is deemed to have been filled up. The person, by converting to another religion which does not confer the benefits of reservation will not be available for the next higher post even if it is reserved.

KKS.KRISHNARAJ (ADVOCATE) 12 May 2008

u r wrong.kindly enqure some good lawyer.

Guest (n/a) 13 May 2008

By mere converting a person to some other religion, can he attain the status of upper caste? There is no absolute doubt about his down trodden community and obtains the facilities extended by Govt. Why the discrimination between SC, OBC and ST communities? Nowhere and no religion can accept a down trodden person as an upper caste person by his mere conversion. Inspite of his joining any other religion, he continues to carry his caste status which is peculiar to Indian caste-minded society out to exploit the people for selfishness.

david vijaykumar (govt. servie) 13 May 2008

If his status of down trodden person changes by converting as one that belong to upper caste or whatever caste that does not come under reserved category, he loses job as opened by expert. Can somebody alter the status of birth of a person? If the answer is yes, he should loose the job.

Gagan Gupta (Advocate) 24 February 2010

What ever the rules say, we need the answer to following questions under indian constitution.

1. Can govt can compel sombody to not to change his religion under constitution,

2. Can a Job be terminated after appointment when you are fit for that.?

3. Can a handicaped expelled if he got cured?

Feroz M Shafeeque (Police Officer) 24 February 2010

The eligibility criteria is restricted to the time of application alone. The subsequent changes will not affect the status of the job.

Otherwise, if the job obtained as a result of economically backward status reservation will loose the job once he attains creamy layer status by way of salary.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 10 March 2010

mr manoj,

"in haryana if a government service is found guilty of any ground on which her wife take divorce from him he is liable to be suspend from the job" - where you got this funny information? perhaps you are confused with some other information

Anil Agrawal (Retired) 10 March 2010

One of the grounds for taking divorce: IMPOTENCY. Does he lose govt job?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 10 March 2010

mr known,

no effect on reservation.

by change of religion, one changed his religion only, and the person's caste will not changed. caste cannot be changed by convertion to another religion. reservation on the basis of caste only and not on the basis of religion. people very often confused on religion and caste. they think both are same but it is diffrent.

Gagan Gupta (Advocate) 11 March 2010

Mr Arup

Caste is a part of Hindu religion, In other socities its class system. If someone is no more Hindu he will certainly cant call himself Brahmin. But its different thing that he may be able to retain the status of OBC,SC,ST etc because the main purpose of these reservation is their social and historic backwardness not their belief.