Case Note & Summary
The Union of India appealed against the Patna High Court's judgment allowing the writ petition of Rohit Nandan, who sought to be treated as a Scheduled Caste (SC) based on a State Government notification dated 02.07.2015 that deleted 'Tanti' caste from the OBC list and merged it with the SC list. The respondent was originally appointed as a Postal Assistant in 1997 under the OBC category. After the notification, he obtained an SC certificate and requested a change of category in his service book. He also applied for promotion as an SC candidate and was declared successful, but his promotion was withheld. The Department of Posts, after consulting the Department of Social Justice and Empowerment, held that he was not entitled to SC benefits and deleted his name from the successful list. The Central Administrative Tribunal dismissed his OA, but the High Court quashed the orders, holding that the State notification was valid and the caste certificate was not challenged. The Supreme Court, relying on its recent decision in Dr. Bhim Rao Ambedkar Vichar Manch Bihar v. State of Bihar, held that the State notification merging Tanti with SC list was illegal and unsustainable under Article 341 of the Constitution, as only Parliament can include or exclude castes from the SC list. The Court allowed the appeal, set aside the High Court's order, and directed that the respondent will continue to be of OBC category (Tanti caste) and not be treated as SC. The Court also noted that the respondent's counsel did not argue on the illegality of the notification but sought protection of services. The Court referred to the protection granted in Dr. Bhim Rao Ambedkar, where it was directed that members of Tanti-Tantwa community who obtained benefits be accommodated in their original category and the posts be returned to SC quota, without termination or recovery.
Headnote
A) Constitutional Law - Scheduled Castes - Article 341 of the Constitution - Power to Include or Exclude Castes - The State Government has no competence to tinker with the list of Scheduled Castes published under Article 341; any inclusion or exclusion must be by law made by Parliament. The State's notification merging 'Tanti' caste with Scheduled Caste list was held illegal and unsustainable. (Paras 8-9) B) Service Law - Caste Certificate - Change of Category - The respondent, originally appointed under OBC category, obtained a Scheduled Caste certificate based on an illegal State notification. The Supreme Court held that the respondent cannot claim benefits of SC category as the merger is bad in law. (Paras 2-9) C) Protection of Services - Illegal Notification - The Court in Dr. Bhim Rao Ambedkar Vichar Manch Bihar v. State of Bihar directed that members of Tanti-Tantwa community who obtained benefits under the illegal notification be accommodated in their original category (EBC/OBC) and the posts be returned to SC quota. However, no termination or recovery was ordered. (Paras 10-11)
Issue of Consideration
Whether the State Government's notification deleting 'Tanti' caste from OBC list and merging it with Scheduled Caste list is valid, and whether the respondent is entitled to claim benefits of Scheduled Caste category.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed that the respondent will continue to be of the OBC Category, belonging to Tanti caste and shall not be treated as Scheduled Caste as per the notification dated 02.07.2015.
Law Points
- Article 341 of the Constitution
- Scheduled Castes
- Other Backward Classes
- State notification
- merger of castes
- protection of services
