Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar

The Supreme Court recently refused to extend the benefit of Scheduled Caste reservation to a Central Government employee who belonged to the 'Tanti' caste, which is notified as Other Backward Classes (OBC) category in Bihar.

The employee was appointed as a Postal Assistant in the postal department in the year 1997 in the OBC category. In 2015, the Bihar Government removed 'Tanti' caste from the OBC list and merged it with 'Pan/Swasi' caste in the Scheduled Castes (SC) category. Based on this notification, the employee claimed SC reservation for Group B promotion in the Limited Departmental Competitive Examination (LDCE). The postal department rejected his claim. Ultimately, the Patna High Court(after the CAT rejected the employee's plea), in 2023, directed that he should be given the SC status benefit. Challenging the High Court's verdict, the Union Government appealed to the Supreme Court.

Meanwhile, in July this year, the Supreme Court, in another case, quashed the Bihar Government's notification which shifted 'Tanti' caste to SC list, by holding that the State Government has no power to amend the Presidential notification(Dr.Bhim Rao Ambedkar Vichar Manch v. State of Bihar). However, in that judgment, the Court had inprotected those persons who were already in service.

In the present case, the employee-respondent sought for the same relaxation allowed by the Supreme Court in the said judgment.  He also placed reliance on the recent judgment in K. Nirmala v. Canara Bank which allowed employees appointed in SC quota to retain their posts despite the State declassifying their castes as SCs later.

A bench comprising Justice PS Narasimha and Justice Manoj Misra however held that the respondent was not entitled to any such equities, as he enjoyed the benefit of SC quota promotion only for a limited period of less than one year when the Union's SLP was pending in the Supreme Court.

"When the Government refused appointment to the respondent to the post as he does not belong to Scheduled Caste, he approached the Tribunal and filed an Original Application which came to be dismissed on 01.04.2022. However, the respondent's writ petition was allowed by the High Court only on 19.01.2023. We are informed that during the pendency of the matter before this Court, the respondent was appointed to the said promotional post only on 14.12.2023. 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 like that of the candidates in the case of Bhim Rao Ambedkar or K. Nirmala (supra). In view of the clear position of law, coupled with lack of equities based on the facts and circumstances of the case, we cannot direct continuation of the respondent on the basis of the illegal certification as Scheduled Caste."

Case : Union of India v. Rohit Nandan

Citation : 2024 LiveLaw (SC) 994

Click here to read the judgment