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Allahabad HC upholds government’s decision to cancel Buddhist certificate of MBBS student, leading to cancellation of her admission

Allahabad HC upholds government’s decision to cancel Buddhist certificate of MBBS student, leading to cancellation of her admission

The Allahabad High Court remained the decision issued by Minority Welfare Department, Government of Uttar Pradesh withdrawal/cancellation of the student’s Buddhist certificate, which ultimately led to the invalidation of her admission to MBBS Subharti University, Meerut.

The UP government canceled petitioner Anjali’s certificate in August this year citing this issue Sections 8 (Declaration before Conversion of Religion and Preliminary Conversion Report) and 9 (Declaration after Conversion of Religion) of the Uttar Pradesh Prohibition of Illegal Conversion of Religion Act, 2021.

This decision was allegedly taken after the State Minorities Department received a complaint that around 20 MBBS candidates had embraced Buddhism to secure a seat under the minority quota in Subharti University, Meerut.

Since the petitioner – Anjali was admitted to the said university on the basis of caste certificate, her admission to the university was also withdrawn. Challenging this, she moved the HC.

The Counsel for the petitioner (Advocates Anand Mani Tripathi and Anurag Tripathi) she alleged that she and her parents received certificates confirming their Buddhist identity in 2014 and 2019, respectively. It was therefore incorrect to invalidate their certificates by invoking the provisions of the 2021 Act.

It is also urged that the petitioner should not be given any opportunity before withdrawing the said certificate and even otherwise it would not be applicable. Therefore, the contested order invalidating the certificate is wrong from the point of view of law.

Attorney Syed Mohd. Haider Rizvicounsel for respondent No. 4 (Director General of Medical Education and Training, Uttar Pradesh), stated that in their case they were ready to comply with the orders passed by the Tribunal. Since the order passed by them canceling the admission is only a consequence of the order passed by respondent No. 3, they will comply with the orders passed by the Tribunal.

With this in mind, concluding that the matter requires consideration, the adjudicating panel Judge Jaspreet Singh suspended the UP government’s order canceling the petitioner’s religious certificate.

Considering the above facts and circumstances, prima facie, the issuance of the impugned order is in itself ex parte and the invocation of the provisions of the 2021 Act seems doubtful, hence the impugned order dated September 13, 2024 continues to remain in force. The relevant orders are passed by respondent No. 4, taking into account the above regarding the admission/re-admission of the applicant”, the Court noted, summoning the defendants to object and remanding the matter for the next hearing in the week commencing December 2, 2024.

Case title – Anjali vs. State Of UP Thru. Boss/Prince expansion. Secy., Department of Medical Education Lucknow et al

Click here to read/download the order