Supreme court warns against quota misuse in NEET PG admissions
Supreme Court of India
New Delhi: The Supreme Court of India recently warned against the misuse of the reservation quotas in NEET PG admissions.
The top court reportedly questioned the credibility of minority claims made by two general category candidates who converted to Buddhism after applying for NEET PG as general category candidates.
The candidates approached the apex court seeking admission under the Buddhist minority quota for postgraduate medical courses at the Subharti Medical College in Uttar Pradesh since they were unable to enroll in their NEET-PG courses despite securing Buddhist minority certificates.
The petitioners sought directions from the court to direct that 50% of the seats at Subharti Medical College, Meerut, be reserved for the Buddhist minority community, in line with an interim Supreme Court order dated October 20, 2022, in SLP (C) No. 17003/2022. They pointed out that the college was granted minority status by the National Commission for Minority Educational Institutions in 2018. They also sought admission to NEET-PG courses under the Buddhist minority quota.
Expressing serious concern over the incident, the apex court described their plea as a 'new kind of fraud' and a possible attempt to misuse the minority quota system for medical admission.
The bench headed by Chief Justice of India Justice Surya Kant, along with Justice Joymalya Bagchi, openly questioned the genuineness of the conversions and indicated that the move appeared to be a way to secure benefits meant for "genuine minorities."
"This looks like another way of fraud," remarked the Chief Justice, expressing strong displeasure over the attempt to claim minority status despite the candidates belonging to a socially and economically well-placed community.
Live Law reported that the court was hearing a writ petition filed by Nikhil Kumar Punia and Ekta, residents of Haryana, who sought admission to postgraduate medical courses under the Buddhist minority quota at Subharti Medical College, Meerut, a recognised Buddhist minority institution. The petitioners claimed that they had converted to Buddhism, and produced certificates issued by a Sub Divisional Officer stating that they belonged to the Buddhist minority community.
During the hearing, the court noted that the petitioners belonged to the Punia caste and sought clarification on their social category. When the petitioners’ counsel admitted that they were Jats, falling under the general category, the bench questioned how they could claim minority status.
CJI Surya Kant: "Punias can be in the Scheduled Caste category, Punia can be Jat also, which is the general category. Which Punia are you?"
In response, the councel said, "They are Jat."
"Then how you become [minority]?," CJI asked. To which the counsel replied that they have converted to Buddhism and that anybody can convert to Buddhism.
Expressing disbelief, CJI said, "Outrightly dismissed. You want to snatch the rights of some genuine bona fide minority....you are one of the richest, best located, upper caste communities...holding agricultural lands and having facilities...you should be proud of your merit....instead of taking the rights of those who are actually deprived. This is another kind of fraud."
The counsel asserted, "They have genuinely adopted Buddhism..."
"Then everybody will start...upper castes will start adopting....Don't compel us to make further comments...," CJI warned.
The bench further pointed out that both candidates had appeared for NEET-PG 2025 as general category candidates and had also declared that they did not belong to the Economically Weaker Sections (EWS). This, the court said, raised serious doubts about how minority certificates were later issued to them.
As per a NDTV media report, Justice Bagchi asked, "He became a Buddhist just before the examination?"
The bench 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.
Observing that the matter required close inquiry, the court questioned the role of the Sub-Divisional Officer (SDO) who issued the Buddhist minority certificates. The bench said the issuance of such certificates to the general category, non-EWS candidates, needed a deeper probe.
The bench asked, "How has the Sub-Divisional Officer of Hisar issued such certificates?"
In its order, the bench observed, "We have ascertained form the counsel that the candidates are actually born as general category candidates. It appears that the issuance of certificates by SDO requires a deeper probe by the higher authorities, especially in light of the fact that in NEET-PG 2025, candidates appeared as general category candidates, and they further categorically mentioned that they do not belong to the Economically Weaker Sections of society. Then how do they become candidates belonging to the minority community?"
Consequently, the top court asked the Chief Secretary of Haryana to provide the guidelines for issuing minority certificates. It further questioned whether it is permissible that an upper-class candidate who is above EWS and who, in the 2025 exam disclosed identity as general category, can be permitted to become a member of the Buddhist minority community.
"If not, what was the basis for SDO to issue the subject certificate?" asked the court.
The court directed the Chief Secretary of Haryana to submit a detailed report within two weeks and accordingly dismissed the application of the petitioners.
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