The Supreme Court expressed grave concern over what it described as a “new type of fraud” involving upper-caste candidates allegedly using religious conversion to claim minority reservation benefits, while hearing a plea related to admission into a postgraduate medical course.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by Hisar resident Nikhil Kumar Punia, who sought admission as a minority candidate on the basis of his claimed Buddhist faith. Punia had approached the court after being denied admission, news agency PTI reported.
During the hearing, the Chief Justice questioned the petitioner’s social background, asking pointedly, “You are a Punia? What minority are you? Let me ask this bluntly now. Which Punia are you?”
When the petitioner’s counsel replied that Punia belonged to the Jat Punia community, the bench questioned how he could claim minority status. The counsel argued that the petitioner had converted to Buddhism and that conversion was a constitutional right.
Reacting sharply, the Chief Justice remarked, “Wow! This is a new type of fraud,” cautioning that such attempts amounted to “snatching the rights of genuine minorities.” The bench underlined that constitutional protections for minorities could not be misused to bypass established admission norms.
The court also took note of the fact that the petitioner had earlier appeared for the NEET-PG examination under the general category and had declared that he did not fall under the Economically Weaker Sections (EWS). The bench questioned how minority certificates could be issued in such circumstances and whether the process allowed for such claims after earlier declarations.
Seeking clarity, the Supreme Court directed the Chief Secretary of Haryana to place on record the guidelines governing the issuance of minority certificates. The bench specifically asked whether it was permissible for an upper-caste general category candidate, who had earlier declared himself as ‘general’ and not covered under EWS to subsequently claim minority status by citing religious conversion.
“Let the Chief Secretary of Haryana inform: What are the guidelines for issuing a minority certificate? Is it permissible for an upper-class general category candidate, who is not covered under the Economically Weaker Sections and who had declared themselves as ‘general’ in a previous application, to subsequently declare themselves as belonging to the Buddhist minority?” the bench ordered.
While dismissing the plea for admission, the Supreme Court said the issue required deeper scrutiny and kept the broader question of procedures and safeguards for granting minority certificates open for further consideration, pending the state government’s response.
