Allahabad HC remains on government orders to recall Buddhist religion certificate of MBBS student, which led to cancellation of her admission

The UP government revoked petitioner Anjali’s religious certificate in August this year, citing: Sections 8 (declaration before conversion of religion and pre-report on conversion) and 9 (declaration after conversion of religion) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

This decision was reportedly taken after the state’s Minorities Department received a complaint that around twenty MBBS candidates were adopting Buddhism to secure a minority quota seat at Meerut’s Subharti University.

Since the petitioner, Anjali, was admitted to the said university on the basis of her caste certificate, her admission to the university was also cancelled. To challenge this, she moved the HC.

The counsel for the petitioner (attorneys Anand Mani Tripathi and Anurag Tripathi) argued that she and her parents had received certificates confirming their Buddhist identity in 2014 and 2019 respectively. Thus, it was incorrect to revoke their certificates by invoking the provisions of the 2021 Act.

It is also urged that no opportunity was given to the petitioner before withdrawing the said certificate and even otherwise the same is not applicable. Thus, the impugned order for cancellation of the certificate is bad in the eyes of law.

Lawyer Syed Mohd. Haider RizviCounsel 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 of the Court. Since their order for cancellation of admission is purely on the order of respondent No. 3, they would comply with the orders of the Court.

In view of this, noting that the matter required attention, a bank of Judge Jaspreet Singh stayed the UP government’s order canceling the petitioner’s religious certificate.

“In view of the above facts and circumstances, the passing of the impugned order is prima facie ex parte and invoking the provisions of the 2021 Act appears questionable. Therefore, the implementation of the contested decision of September 13, 2024 will be suspended. Appropriate orders will be passed by respondent No. 4 taking note of the foregoing upon admission/re-admission of the petitioner”, the Court noted while calling for a defense from the respondents and posting the matter for hearing in the week commencing December 2, 2024.

Case Title – Anjali vs. State Of UP Thru. Addl. Chef / Prince. Secy., Department of Medical Education. Lucknow et al

Click here to read/download the order