Delhi High Court Refuses To Entertain Plea Against SC/ST Reservation For Those Who Convert From Hinduism To Buddhism

The Delhi High Court on Wednesday (August 13) refused to entertain a plea questioning the vires of extension of SC/ST reservation benefits to those who have converted from Hinduism to Buddhism, after noting that the document in question which allegedly provides such benefits was not placed before it. 

The court permitted the petitioner to withdraw the plea with liberty to file fresh petition. 

A division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a plea filed by an advocate seeking a direction to the authorities to reconsider constitutional validity of extending SC/ST reservation benefits to persons who have converted from Hinduism to Buddhism. 

"This has been done by some circular, act, notification...how has it been done?" the bench orally asked the petitioner. 

The Court asked the petitioner to show instrument/provision by which such benefit has been extended.

"Where is that document? What do we strike off?" the court further orally asked. At this stage the petitioner sought an opportunity to place such document on record. 

The court however asked the counsel to consult a senior counsel and draft a proper petition. 

"Petition in this form can't be entertained. File a fresh petition. Consult some senior advocate...," the court further orally said. 

The court thereafter in its order dictated, "The petitioner who appears in person states that he may be permitted to withdraw the petition with liberty to file fresh petition. Accordingly petition is dismissed as withdraw with liberty as prayed for. We make it clear that any other petition filed by petitioner will be entertained only on appropriate and sufficient pleadings and prayers".

Case title: ADVOCATE MANISH KUMAR V/s UNION OF INDIA AND ORS

Citation: 2025 LiveLaw (Del) 962

W.P.(C)-12168/2025