- Petitioners approached the top court seeking benefits under a Buddhist certificate for admission to a college
- They had converted from the upper-class General category
- "This is a new kind of fraud. Don't make us say more," said the top court, dismissing the plea
Flagging a new kind of "fraud," the Supreme Court on Wednesday pulled up the Haryana government over a petition filed by Nikhil Kumar Punia and Ekta Punia. The siblings approached the top court seeking benefits under a Buddhist certificate for admission to a postgraduate medical college after converting from the upper-class General category.
"Wow. Now, this is a new kind of fraud. Don't make us say more," an amused Chief Justice Surya Kant remarked.
Taking a strong view of the petition, the top court sought a reply from the Haryana government to clarify how it is issuing minority certificates to General category candidates who previously appeared for exams as non-minority applicants.
While hearing the petitioners' counsel, CJI Surya Kant questioned how a person from the Punia Jat community, who competed as a General category candidate in previous attempts, could suddenly obtain a Buddhist minority certificate.
"Outrightly dismissed. You want to snatch the rights of minorities. You belong to one of the richest places in the country; you should be proud of your merit," the Chief Justice said while dismissing the plea. "This is another kind of fraud. Don't compel us to make further comments."
Justice Bagchi added, "He became a Buddhist just before the examination?"
The court also questioned the role of the district administration, asking, "How has the Sub-Divisional Officer of Hisar issued such certificates?"
At the outset, the Chief Justice pointedly asked, "You are a Punia? What minority are you? Let me ask this bluntly now: Which Punia are you?" The lawyer responded that the petitioners belonged to a Jat Punia family. When the Chief Justice questioned how they qualified as minority candidates, the lawyer argued that the petitioners had converted to Buddhism and that the reservation was their right.
Consequently, the top court ordered the Chief Secretary of Haryana to provide the guidelines for issuing minority certificates. The Court's order questioned whether it is permissible for upper-class candidates -especially those above the EWS threshold who previously declared themselves as "General" - to be granted Buddhist minority status for admission purposes.
The petitioners were seeking admission to Subharti Medical College in Meerut, a Buddhist Minority Institution recognised by the National Commission for Minority Educational Institutions (NCMEI). However, a Uttar Pradesh government notification has halted such admissions.
The case involves Nitin and Ekta Punia, children of Krishan Punia from Hisar, Haryana. Although they secured Buddhist minority certificates from the Sub-Divisional Officer (Civil) in Hisar, they were unable to enroll in their NEET-PG courses.
The legal challenge centers on a 2016 Uttar Pradesh notification requiring minority institutions to obtain state-level recognition even if they already hold national recognition. The plea argued that the National Commission for Minority Educational Institutions Act, 2004, as central legislation, should take precedence over state notifications.
