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The top court sought a report from the Haryana Chief Secretary on how minority certificates are being given and issued in the state.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing the plea of Nikhil Kumar Punia, a resident of Hisar in Haryana, who was seeking admission as a minority candidate on the basis of his claimed Buddhist faith.
During the hearing, the CJI, who hails from the same place, raised questions about Punia’s social background.
“You are a Punia? Which minority are you? Let me ask this clearly now. Which Punia are you,” the CJI asked.
When the petitioner’s counsel replied that he belonged to the Jat Punia community, the CJI asked how then he could claim minority status.
The lawyer replied that the petitioner had converted to Buddhism and also said that conversion was his right.
Reacting sharply, the CJI said, “Wow! This is a new kind of fraud.” The bench asked the Haryana Chief Secretary to place on record the guidelines governing the issue of minority certificates and clarify whether upper caste general category candidates can claim minority status by citing religious conversion.
“Inform the Chief Secretary, Haryana: What are the guidelines for issue of minority certificate? Is it acceptable for an upper caste general category candidate, who does not fall under the economically weaker sections and who had declared himself ‘General’ in the previous application, to declare himself as belonging to the Buddhist minority later?”. The bench ordered.
The bench, while dismissing Punia’s plea, posted it for further consideration on the issue of procedures to be followed in granting minority certificate after the state government submits its reply.