Summary
Following Dr. Bhim Rao Ambedkar Vichar Manch Bihar v. State of Bihar, the Supreme Court held that the Bihar notification moving the Tanti caste from the OBC list into the Scheduled Caste list was illegal, so the respondent, appointed as an OBC candidate, could not claim Scheduled Caste status for a departmental promotion; equitable protection given in earlier cases was refused as his benefit was brief and accrued only during the appeal.
Issues
- Whether the respondent could claim the benefit of the Scheduled Caste category for promotion on the basis of the State notification dated 02.07.2015 merging the Tanti caste with the Pan/Swasi Scheduled Caste.
- Whether the respondent was entitled to equitable protection of his promotion, as granted in Bhim Rao Ambedkar and K. Nirmala v. Canara Bank.
Provisions considered
- Article 341, Constitution of IndiaApplying Bhim Rao Ambedkar, which held that inclusion or exclusion of any caste in the Scheduled Castes list notified under Article 341 can be made only by law made by Parliament, the State notification shifting Tanti from the OBC list to the Scheduled Caste list was held illegal, so the respondent could not claim Scheduled Caste benefits. (¶¶ 8, 9, 12)
Held
- The ruling in Bhim Rao Ambedkar, though it concerned removal of Tanti from the Extremely Backward Classes list, covers the removal of Tanti from the OBC list as well; the State's addition of Tanti to the Scheduled Caste list is illegal and the respondent cannot claim Scheduled Caste benefits on its basis. The respondent did not argue otherwise. (¶¶ 9, 12)
- The protection extended in Bhim Rao Ambedkar and K. Nirmala was an exercise of equity jurisdiction for long-standing appointments and is distinguishable on facts. (¶¶ 10, 11, 13)
- The respondent served as an OBC appointee, applied for the Limited Departmental Competitive Examination as a Scheduled Caste candidate after the notification, lost before the Tribunal, and was promoted only on 14.12.2023 during the pendency of this appeal; the benefit lasted less than a year, so no equities arose and his continuation on the basis of the illegal Scheduled Caste certification could not be directed. (¶¶ 14, 15)
- The respondent will continue to belong to the OBC category as a member of the Tanti caste and is not to be treated as Scheduled Caste under the State notification dated 02.07.2015. (¶ 2)
Result
Appeal allowed; High Court judgment set aside; Central Administrative Tribunal's order dismissing the respondent's Original Application restored; no order as to costs.