Case Note & Summary
The case involved an appeal by a member of the Lohar community from Bihar, who claimed Scheduled Tribe status under the Scheduled Castes and Scheduled Tribes Order. The Union Public Service Commission had determined that the Lohar community was classified as Other Backward Classes, leading to the appellant's appeal against this classification. The appellant sought to have the Supreme Court's previous ruling in Nityanand Sharma's case, which concluded that the Lohar community was not a Scheduled Tribe, reconsidered. The court noted that the appellant had previously participated in civil service examinations under the assumption of being a Scheduled Tribe candidate but failed to qualify. The High Court upheld the classification of Lohar as Other Backward Classes, which was further supported by historical reports and amendments to the Scheduled Tribes Order. The Supreme Court examined the discrepancies in the Hindi and English translations of the Scheduled Tribes Order and affirmed that the authoritative text was in English. The court concluded that the appellant's arguments lacked merit and dismissed the appeal and writ petitions with costs, reiterating the established classification of the Lohar community. The court emphasized that it could not alter the classifications set by the Presidential Notification and that any changes would require legislative action. The decision reinforced the principle that the judiciary cannot add or subtract from the lists of Scheduled Castes and Scheduled Tribes. The court ultimately upheld the previous judgments regarding the status of the Lohar community. (Paras 1-7).
Headnote
A) Constitutional Law - Scheduled Tribe Status - Claim of Lohar Community - Article 342 of the Constitution of India - The court held that the Lohar community is classified as Other Backward Classes and not Scheduled Tribe, affirming the decision in Nityanand Sharma's case. The court found no merit in the appellant's claim for reconsideration of the previous judgment. (Paras 1-7).
Issue of Consideration
Whether the Lohar community is entitled to Scheduled Tribe status in Bihar and if the judgment in Nityanand Sharma's case should be reconsidered.
Final Decision
The Supreme Court dismissed the appeal and writ petitions with costs, affirming that the Lohar community is classified as Other Backward Classes and not Scheduled Tribe, and that the previous judgment in Nityanand Sharma's case stands.
Law Points
- Scheduled Tribes
- Other Backward Classes
- Article 32
- Article 342
- Article 348
- Official Languages Act
- 1963
- Ethnographic Survey
- Judicial Notice
