SC flags ‘new type of fraud’ in minority reservation claims by upper-caste converts in Haryana

New Delhi: The Supreme Court on Wednesday voiced concern over a "new type of fraud" involving individuals from dominant upper-caste backgrounds in Haryana converting to Buddhism solely to claim minority reservation benefits.

The top court sought a report from the chief secretary of Haryana as to how minority certificates are being granted and issued in the state.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing a petition filed by one 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 also hails from same place, questioned Punia's social background.

"You are a Punia? What minority are you? Let me ask this bluntly now. Which Punia are you," the CJI asked.

When counsel for the petitioner responded that he belonged to the Jaat Punia community, the CJI asked as to how he could then claim minority status.

The counsel replied that the petitioner had converted to Buddhism, adding that conversion was his right.

Reacting sharply, the CJI exclaimed, "Wow! This is a new type of fraud."

The bench asked the Haryana chief secretary to place on record the guidelines governing the issuance of minority certificates and to clarify whether candidates from the upper-caste general category can 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.

The bench, which dismissed the plea of Punia, kept it for further consideration on the issue of procedures adopted in granting minority certificates after the state government submits its response.