HC quashes caste cert order based on ‘fairness, physique’

HC quashes caste cert order based on ‘fairness, physique’

20.09.2026

Sureshkumar.K@timesofindia.com 

Chennai: Will a fair complexion, good physique, curly hair and English-speaking skills mean a person concerned cannot be a member of the scheduled caste community? No, said Madras high court, setting aside an order passed by a district-level vigilance committee declaring a Hindu Adi Dravidar community certificate issued to a retired customs assistant commissioner as not valid on the ground that ‘his family members are very fair in complexion, tall with good physique, have curly hair and speak Tamil and English’ among other grounds. 

Justice D Bhasratha Chakravathy passed the order on a plea moved by M Ravikumar and observed that the manner in which the reasons were recorded in the order could not be the context of any evaluation by any anthropologist

Order passed on grounds that petitioner’s father was Christian 

The committee passed the order on the ground that the petitioner’s father was a Christian and was buried in a Christian cemetery. “While, whether the petitioner follows the Hindu gods or Christianity, will be relevant, the reasoning that the petitioner and his family members are very fair in colour, they are tall and having good physique and speak Tamil and English and have curly hair, may not have any relevance,” the judge said. 

“It is for the committee to verify the genuineness of the petitioner’s community. In this case, there is no dispute that the petitioner belongs to a scheduled caste. What is in dispute is that thereafter, he got converted into Christianity and even though he has claimed to be reconverted to Hinduism, whether the same is genuine and correct or not, is the question,” the court said. 

Thus, on re-conversion, if the members of the caste accept the petitioner, then the petitioner is entitled to the certificate, the court added. As far as Hinduism is concerned, the law has been laid down that it cannot be demonstrated merely by a formal conversion, but by an unequivocal and categorical following and belief in the religion, the court said and directed the petitioner to submit all the documents which are at his command before the committee. 

The committee has been directed to conduct an inquiry and pass a fresh order in eight weeks. According to the petitioner, his father re-converted to Hinduism in 1983 based on which he was issued the community certificate. While he retired on May 5, 2026, just before his retirement, the authorities started verifying the genuineness of his community certificate. Ravikumar submitted that he and his wife are Hindus. Their children are brought up only as Hindus. He only worships Hindu gods. His marriage as well as his daughter’s marriage all were solemnised as per Hindu rites and customs.