SC Flags Misuse of Minority Quota by Upper-Caste Candidates Claiming Conversion

The court also took note of the fact that the petitioners had previously applied for the postgraduate NEET-PG as general category candidates and had declared that they did not belong to the Economically Weaker Sections.

author-image
PratidinTime National Desk
New Update
SC Flags Misuse of Minority Quota by Upper-Caste Candidates Claiming Conversion

SC Flags Misuse of Minority Quota by Upper-Caste Candidates Claiming Conversion

The Supreme Court on Wednesday expressed serious reservations over claims made by two candidates from upper-caste backgrounds who sought admission under a religious minority quota after converting to Buddhism, raising concerns over the misuse of minority provisions.

Advertisment

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a writ petition filed by the candidates from Haryana, who had approached the court seeking admission to postgraduate medical courses under the Buddhist minority quota at Subharti Medical College in Meerut, Uttar Pradesh. The institution was granted minority status by the National Commission for Minority Educational Institutions in 2018.

During the proceedings, the petitioners stated that they had converted to Buddhism and produced minority certificates issued by a sub-divisional officer in support of their claim. However, the court noted that both candidates belonged to the Punia caste. When informed that they were from the Jat Punia community, which falls under the general category, the Chief Justice questioned the basis of their eligibility under the minority quota.

While the petitioners’ counsel argued that conversion was a constitutional right, the bench expressed strong concern over the implications of such claims. The Chief Justice remarked that the case reflected a “new kind of fraud” and observed that such attempts could deprive genuinely disadvantaged minorities of their rightful benefits. He further noted that the petitioners belonged to a socially and economically well-off community and should rely on merit rather than seek advantages meant for deprived sections.

The court also took note of the fact that the petitioners had previously applied for the postgraduate National Eligibility-cum-Entrance Test (NEET-PG) as general category candidates and had declared that they did not belong to the Economically Weaker Sections.

Flagging the manner in which minority certificates were issued in this case, the bench said the process warranted closer scrutiny. It sought a detailed explanation from the Haryana government and directed the state’s chief secretary to submit a report within two weeks outlining the guidelines governing the issuance of minority certificates.

The report is expected to clarify whether candidates from the general category, who had earlier declared themselves as such and not as EWS, could subsequently claim minority status solely based on religious conversion.

While the Supreme Court rejected the petitioners’ plea for admission under the minority quota, it kept the matter pending and said it would consider the broader legal and administrative issues after examining the report submitted by the state government.

Also Read: SC Stays New UGC Rules Over Serious Constitutional, Societal Concerns

Supreme Court Buddhism