How Religious Conversion Affects Reservation: Supreme Court Upholds Quashing of Tamil Nadu's BC Muslim Order
On 15 October 2026, in The Secretary to Government v. Sameer Ahamed N., the Supreme Court (Justices Prashant Kumar Mishra and Shree Chandrashekhar) upheld a Madras High Court judgment that struck down a Tamil Nadu government order.
The order, G.O. (Ms.) No. 31 of 9 March 2024, let people who converted to Islam from Backward Classes (BC), Most Backward Classes (MBC), Denotified Communities (DNC) and Scheduled Castes (SC) get Backward Class Muslim certificates. With these, they could use the state's 3.5% reservation for BC Muslims.
The case began when a person born Hindu, who converted to Islam in 2015, applied for a "Muslim Lebbai" community certificate and was refused. The Madurai Bench of the High Court quashed the order on 25 June 2026.
The Court held that the backwardness of a person's old caste cannot simply be carried into a different notified community after conversion, under Article 16(4). Converting to Islam does not by itself make a person a member of any of the seven notified BC Muslim communities.
The Court also noted that under the Constitution (Scheduled Castes) Order, 1950, only Hindus, Sikhs and Buddhists can be Scheduled Castes, so a convert to Islam cannot keep SC status. For people who return to their old religion, authorities must make a fact-based inquiry.
The 3.5% BC Muslim quota itself continues for members of the notified communities. Observers note the ruling closes an automatic route but leaves room for an evidence-based inquiry into whether a convert's group continues to face social disadvantage.
Religious Conversion and Reservation: SC, ST and OBC Status
In India, reservation (reserved seats in jobs, colleges and legislatures) is given to groups that faced deep social disadvantage: Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs). When a person changes religion, the effect on their reserved status is different for each group. SC status is tied to religion by law. ST status is not tied to religion. OBC status does not depend on religion as such, but on belonging to a specific community that the state has listed as backward.
The October 2026 ruling applies to OBC status the same basic idea that already governs SC status: a person's backwardness cannot be moved from one community to another by conversion. Each case must rest on the facts of the community the person now belongs to.
Constitution (Scheduled Castes) Order, 1950
The Constitution (Scheduled Castes) Order, 1950 is the official list that decides which castes count as Scheduled Castes in each state. It is issued by the President under Article 341 of the Constitution, and only Parliament can add or remove castes from it by law. Its paragraph 3 links SC status to religion: a person who follows a religion other than Hinduism, Sikhism or Buddhism cannot be treated as a member of a Scheduled Caste.
The Court relied on para 3 to say that a person from an SC background who converts to Islam loses SC status. The Tamil Nadu order had tried to give such converts BC Muslim status instead, which the Court rejected.
Reservation Policy in Tamil Nadu: The 69% Model
Tamil Nadu reserves 69% of seats in state government jobs and state educational institutions for backward groups. This is far above the general 50% ceiling set by the Supreme Court in Indra Sawhney (1992). The state's 1993 reservation law was placed in the Ninth Schedule of the Constitution by the 76th Amendment (1994), which protects it from many legal challenges. Within the 30% share for Backward Classes, a special 3.5% is set apart for Backward Class Muslims.
The ruling does not touch the 69% total or the 3.5% BC Muslim quota. It only says the quota is for the seven notified communities, and a convert cannot enter it automatically on the strength of the caste they belonged to before conversion.
- Case: The Secretary to Government v. Sameer Ahamed N., decided 15 October 2026
- Bench: Justices Prashant Kumar Mishra and Shree Chandrashekhar
- Order struck down: Tamil Nadu G.O. (Ms.) No. 31, dated 9 March 2024
- Madras High Court (Madurai Bench) judgment: 25 June 2026
- BC Muslim quota: 3.5% within the 30% BC share (2007 Act); seven notified communities
- Article relied on: Article 16(4) (reservation in public jobs for backward classes)
- SC Order 1950, para 3: SC status only for Hindus, Sikhs (1956) and Buddhists (1990)
- Tamil Nadu total reservation: 69% (protected by the Ninth Schedule via the 76th Amendment, 1994)