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Madras High Court said – SC certificate cannot be canceled by wearing a cross or going to church

The Madras High Court, during a hearing on 7 October, criticized an inquiry committee, saying that a Dalit’s SC community certificate cannot be canceled for displaying crosses or other religious symbols and practices.

Hearing a petition filed by a woman doctor from Ramanathapuram, a division bench of Chief Justice Sanjeev Banerjee and Justice M Duraiswamy said the committee had assumed that she had converted to Christianity as she had married a Christian and placed a cross on her clinic. symbol has been made.

what did the judge say

The Chief Justice said, “It is possible that the petitioner along with her husband and children may have gone for prayer on Sunday, but mere attendance of a person does not mean that he has completely renounced his original faith. . This attitude of the officers shows their narrow-mindedness. Which the Constitution does not encourage. The Court held that the authorities had canceled the community certificate of the petitioner, taking a decision without any evidence. Now the court has canceled this order and ordered to restore the certificate again.

Earlier, the public prosecutor had argued, citing a notification passed in 2015, that the petitioner wanted to appeal before the concerned government department instead of approaching the High Court.

Can appeal in High Court or Supreme Court

However, the judges pointed out that as per a GO passed in 2007 by the Adi Dravida and Tribal Welfare Department for constitution of the inquiry committee, the petitioner approached the High Court. According to the GO, appeals against the decisions taken by such committees can be made only before the High Court and the Supreme Court.

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