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Synopsis

The Supreme Court recently allowed the Union government's appeal against an order to grant Scheduled Caste status to an employee of the postal department, relying upon a previous 2024 judgment holding those belonging to the Tanti caste would not be treated as Scheduled Caste as per the notification of the Bihar Government of July 02, 2015.

A bench of Justices P S Narasimha and Manoj Misra said in view of the clear position of law, coupled with lack of equities based on the facts and circumstances of the case, said, "We cannot direct continuation of the respondent on the basis of the illegal certification as Scheduled Caste".

Court set aside the Patna High Court's judgment of January 19, 2023, and directed that the respondent, Rohit Nandan will continue to be of the OBC Category, belonging to the Tanti caste.

Bihar government on July 2, 2015, deleted the Tanti caste from OBC lists and enabled members of the caste to avail the benefits of the Scheduled Castes by merging it with the Pan/Swasi caste which figured in the list of Scheduled Castes.

Having obtained the SC certificate on September 29, 2015, in his favour, the respondent applied for promotion to the Postal Service Group ‘B’ through a Limited Departmental examination as an SC candidate.

Though he was declared successful in the examination by communication, his name was not approved for promotion and his result was put on hold for further consideration.

After consulting the Department of Social Justice and Empowerment, the department had decided that the respondent was not entitled to the benefit of Scheduled Caste category as he did not belong to Scheduled Caste and deleted his name from the list of candidates successful in the examination.

He approached the Central Administrative Tribunal, which dismissed his plea. The High Court, however, allowed his petition.

"During the pendency of the appeal before us and after notice was issued by this court on 25.08.2023, an important development occurred. The very same question was taken up and decided by this Court on 15.07.2024 in Dr Bhim Rao Ambedkar Vichar Manch Bihar v. State of Bihar. Therein, it has been held that the exercise of taking out ‘Tanti’ from the EBC (‘Extremely Backward Classes’) list issued under the Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 and its merger with the Scheduled Caste list is bad, illegal and unsustainable," the Supreme Court noted.

The division bench opined that the decision of the court in Bhim Rao Ambedkar covered the issue.

"The respondent cannot claim the benefits of the Scheduled Caste Category since the merger of the Tanti caste with the Scheduled Caste list is bad in law in light of Bhim Rao Ambedkar," the bench said, pointing out the respondent's counsel had not even argued this point.

His counsel, however, submitted that despite illegality in the notification, the court in Bhim Rao Ambedkar case had protected those who had come to occupy the posts.

The bench, however, said the decisions of the court in Bhim Rao Ambedkar and in K Nirmala Vs Canara Bank (2024) exercising equity jurisdiction stood on a different footing and they could be distinguished on facts.

"Those judgments dealt with long standing appointments, continued over a period of time, because of which court felt, on equitable considerations, not to disturb the employment of the appellants therein," the bench said.

The court pointed out that the respondent was in service of the Union government on the basis of reservation claimed by him as an OBC candidate. During the pendency of the matter before the court, the respondent was appointed to the said promotional post only on December 14, 2023.

"Even assuming that the respondent was given benefit of his illegal categorisation as a Scheduled Caste candidate, the benefit that accrued to him was for a short period of less than a year and that too during the pendency of this appeal. Therefore, there are no equities in favour of the respondent," the bench said.

The court thus restored the order passed by the Central Administrative Tribunal.

Case Title: Union of India & Ors Vs Rohit Nandan