Allahabad HC Stays UP Govt's Order Recalling Buddhist Religion Certificate Of MBBS Student, Leading To Her Admission Cancellation
Sparsh Upadhyay
31 Oct 2024 11:45 AM IST
The Allahabad High Court has stayed an order issued by the Uttar Pradesh Government's Minority Welfare Department recalling/cancelling a student's Buddhist religion certificate, which ultimately led to the cancellation of her MBBS admission to Subharti University, Meerut.
The UP Government cancelled Petitioner Anjali's religion certificate in August this year, citing Sections 8 (declaration before conversion of religion and pre-report about conversion) and 9 (declaration post-conversion of religion) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
This decision was taken purportedly after the State's Minority Department received a complaint that around 20 MBBS candidates adopted Buddhism to secure a seat under the minority quota at Meerut's Subharti University.
Since the petitioner-Anjali was admitted to the said university based on her caste certificate, her admission to the university was also recalled. Challenging this, she moved the HC.
The petitioner's Counsel (Advocates Anand Mani Tripathi & Anurag Tripathi) argued that she and her parents were granted certificates confirming their Buddhist identity in 2014 and 2019, respectively. Thus, it was incorrect to cancel their certificates by resorting to the provisions of the Act of 2021.
It is also urged that no opportunity was granted to the petitioner before recalling the said certificate, and even otherwise, the same has no applicability. Thus, the impugned order cancelling the certificate is bad in the eyes of the law.
Advocate Syed Mohd. Haider Rizvi, counsel appearing for respondent No.4 (Director General of Medical Education and Training Uttar Pradesh), submitted that as far as they are concerned, they are ready to abide by the orders passed by the Court. Since their order of cancelling the admission is purely consequential to the order passed by respondent No.3, they would adhere to the orders passed by the Court.
In view of this, noting that the matter required consideration, a bench of Justice Jaspreet Singh stayed the UP Government's order cancelling the petitioner's religion certificate.
“Considering the aforesaid facts and circumstances, prima facie the passing of the impugned order is per se ex parte and invoking the provisions of the Act of 2021 appears to be doubtful, hence the operation of the impugned order dated 13.09.2024 shall remain stayed. Appropriate orders shall be passed by respondent No.4 taking note of the aforesaid on the admission/re-admission of the petitioner,” the Court observed as it called for a counter from the respondents and posted the matter for hearing next in the week commencing 2nd December, 2024.
Case title - Anjali vs. State Of U.P. Thru. Addl. Chief /Prin. Secy., Medical Education Deptt. Lucknow And Others
