New Delhi, Jan 28 (.) The Supreme Court on Wednesday took strong exception to a plea by an upper-caste Hindu candidate seeking admission as a minority after claiming conversion to Buddhism, terming the attempt a “new type of fraud”.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by Nikhil Kumar Punia, who sought admission on the ground of being a minority candidate.
During the hearing, the CJI questioned the petitioner’s caste background. “You are a Punia? What minority are you? Let me ask this bluntly now. Which Punia are you?” the CJI asked.
In response, counsel for the petitioner stated that the petitioner belonged to the Jat Punia community, which falls under the general category.
When the bench asked how the petitioner could then claim minority status, the counsel submitted that the petitioner had converted to Buddhism and that conversion was a matter of personal right.
Reacting to the submission, the CJI remarked, “Wow! This is a new type of fraud.”
The bench observed that such claims appeared to be an attempt to take away the rights of genuine minority candidates.
The CJI further cautioned that if such claims were accepted, upper caste candidates might begin adopting similar routes to secure admissions meant for socially and educationally backward minorities.
The court directed the Chief Secretary of Haryana to place on record the guidelines governing the issuance of minority certificates.
It specifically sought clarification on whether an upper-caste general category candidate who had earlier declared themselves as general category and was not covered under the Economically Weaker Sections (EWS) could subsequently claim minority status by declaring conversion to Buddhism.
“Let the Chief Secretary of Haryana inform what the guidelines for issuing a minority certificate are, and whether it is permissible for an upper-class general category candidate to claim minority status in such circumstances,” the order stated.
After recording its observations, the Supreme Court dismissed the plea seeking admission on the ground of minority status.
. SNG VAN PRS
