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A Madras High Court bench of Chief Justice Sanjib Banerjee and Justice M Duraiswamy held that hanging a cross on a wall or going to church does not necessarily mean one has altogether abandoned the original faith to which one was born into that this cannot be the basis for cancelling a scheduled caste community certificate.

“Nothing may be presumed upon a member of a particular community respecting another community or another religion and, indeed, that is the constitutional mandate and not otherwise," Court observed

The High Court was hearing a petition under Article 226 of the Constitution of India, asking for issuance of writ of certiorari. The petitioner, Dr. P Muneeswari belongs to Hindu Pallan Community in lieu of which she was granted a community certificate. However, upon her marriage to her Christian husband her community certificate was cancelled. The government officials, who were the respondents contended that they found a cross hanging on the wall petitioner’s clinic.

Based on finding such cross, the officials arrived to the conclusion that the petitioner had converted to Christianity and was, thus, disqualified from retaining the Hindu Pallan community certificate.

The Court observed that there is no doubt that Dr. Muneeswari belongs to the Hindu Pallan Community and has been issued a community certificate in lieu of the same. 

The said that there is no suggestion that the petitioner has abandoned her faith or that the petitioner has embraced Christianity. And that:

It is equally possible that the petitioner, as a part of a family, may accompany the petitioner's husband and children for Sunday matins but the mere fact that a person goes to Church does not mean that such person has altogether abandoned the original faith to which such person was born, said the Court.

The Court while restoring the community certificate of Dr. Muneeswari observed that the respondent’s act was arbitrary and portrayed a degree of narrow-mindedness that the Constitution does not encourage.

Dr.P.Muneeswari v. Secy to Government