Central Administrative Tribunal - Patna
Rohit Nandan vs Postal on 1 April, 2022
-1- OA/050/00289/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA/050/00289/2019
With
MA/050/00023/2020 & MA/050/00191/2020
Reserved on: 27.01.2022
Pronounced on: 01.04.20222
CORAM
HON'BLE MR. M.C. VERMA, JUDICIAL MEMBER
HON'BLE MR. SUNIL KUMAR SINHA, ADMINISTRATIVE MEMBER
Rohit Nandan, aged about 45 years, Son of Late Ram Nand Prasad,
Assistant Superintendent of Post Offices (Investigation), Office of the Post
Master General, East Region, Bihar, Patna
Patna- 800001 (Bihar).
.... Applicant.
By Advocate: - Mr. R.S. Das
-Versus
Versus-
1. Thee Union of India through the Secretary, Ministry of
Communication, Government of India, Department of Post, Dak
Bhawan, New Delhi:- 110001.
2. Director General of Posts, Ministry of Communication, Government
of India, Department of Post, Department of Post, Pos Dak Bhawan,
New Delhi:- 110001.
3. The Assistant Director General of Posts (DE), Office of the Director
General of Posts, Ministry of Communication, Government of India,
Department of Post, Dak Bhawan, New Delhi-110001.
Delhi
4. The Chief Post Master General,, Bihar Circle, Patna-800001.
Patna
5. The Post Master General, East Region, Bihar, Patna-
Patna 800001.
6. The Director Postal Services (HQ) Office of the Chief Post Master
General, Bihar Circle, Patna- 800001.
7. The Assistant Director (Recruitment), Office of the Chief hief Post
Master General, Bihar Circle, Patna-
Patna 800001 (Bihar).
8. The Assistant Director-I,I, Office of the PostMaster General, Bihar
Circle, Patna-800001.
9. The Assistant Director (Staff), Office of the Chief Post Master
General, Bihar Circle, Patna- 800001 (Bihar).
.... Respondents.
By Adv
Advocate(s): - Mr. Bindhyachal Rai
-2- OA/050/00289/2019
ORDER
[Heard through Video Conferencing] Per S.K. Sinha, A.M:
A.M:- Applicant of the th instant OA was appointed as Postal Assistant in 1997 under Other Backward Caste Castes (OBC) category on the basis of 'Tanti' caste certificate.
certificate Bihar Government vide gazette notification dated 2nd July 2015 deleted 'Tanti' caste from the list of OBC to enable it to avail the benefits of Scheduled led Caste on its merger with Pan/Swasi caste which figures in the list of SC. The applicant, following the gazette notification, obtained Scheduled Caste certificate as member of Pan/ Swasi caste from the office of Dist District Magistrate, Patna on 29.09.2015 29 and requested the Chief Post Master General, Patna on 23.06.2016 (Annexure- A/2) for change of category from OBC to Scheduled Caste in his Service Book in terms of the new caste certificate and the aforesaid Gazette tte notification notification. The applicant, who had, by then, then been promoted to the Inspector cadre, applied for promotion to the Postal Service Group 'B' through Limited Departmental Competitive Examination (LDCE) as notified on 07.10.2016 (Annexure (Annexure-A/3), as SC candidate and appeared in the examination held on 18.12.2016. He was declared successful in the examination vide communication dated 16.04.2018 (Annexure A/10), however, he was not approved for the promotion and h his is result was put on hold for further consideration con vide
-3- OA/050/00289/2019 notification dated 06.09.2018 (Annexure A/11). Meanwhile,, the office of Postmaster General, East Region, Bihar, Patna ordered on 17.08.2018 7.08.2018 to rectify the category of applicant to SC in his Service Book (Annexure A/8). The Department of Posts, Pos after consulting the Department of Social JJustice ustice and Empowerment, Empowerment ordered vide communication dated 14.02.2019 that the applicant was not entitled to the benefit of SC category as he doesn't belong to 'SC' category and deleted his name from the list of candidates successful in the examination vide its order dated 14th February, 2019 (Annexure A/13).
2. Assailing the order of the Postal Directorate (Annexure A/13),, applicant has preferred the instant nstant OA praying for following reliefs.
"(i) That your Lordships ordships may graciously be pleased to quash and set aside the order dated 14.02.2019 passed by the Respondent No. 3 as contained in Annexure-A/13.
Annexure
(ii) That Your Lordships may further be pleased to direct/command the Respondents to Notify the name of the Applicant pplicant by inserting his name in the Promotion Order dated 06.09.2018 as contained in Annexure-A/11 Annexure deleting paragraph no.
2(c) thereof without any further delay.
(iii) That your Lordships may graciously be pleased to direct/command the Respondents to issue Promotion Order to the cadre of Postal Service Group-B Group B Examination for the year 2014-15 15 of IP Stream under Limited Departmental Competitive Examination held on 18.12.2016 and result so published on 10.04.2018 as contained in Annexure-A/10 Annexure without any further delay.
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(iv) That your Lordships may graciously be pleased to direct/command the respondents to grant all consequential benefits together with arrears, seniority and fixation of pay etc. thereupon.
(v) Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the applicant."
3. The applicant has challenged the impugned order on the ground that it was against the Gazette Notification by Bihar Government dated 02.07.2015 whereby 'Tanti' has been deleted from th the list of OBC to enable it to get the benefit of Scheduled Caste as a sub caste of Pan/Swasi. In support of his pleadings,, applicant has adduced the facts that after after the Gazette notification, District Magistrate Magistrate, Patna, issued him Scheduled Caste certificate on 29.09.2015 showing him a member of Pan/Swasi caste and later, the Circle Officer, Danapur, after verification, verification issued a certificate on 30.05.2018 that he belongs to Pan/Swasi caste (Annexure A/6). The applicant has also stated that the local Postal department authorities changed his category from OBC to SC in the Service Book. Relying on these facts facts, the applicant has pleaded that the denial of SC status to him by rrespondents was arbitrary and against ag the settled law and the impugned order deserved to be quashed and set aside.
4. Contesting the OA,, respondents filed a short reply stating that the applicant's name was deleted from the list of successful SC candidates in the LDCE because he d does not belong to Scheduled Castess and so, was not entitled to the benefits benefit to that category..
-5- OA/050/00289/2019 'Tanti' caste was included in the Central list of OBCs in the Gazette Notification by Government of India on September 13, 1993 and has not been deleted from the list so far. As long this caste (Tanti/Tatwa) figures in the Central list of OBCs (Sl (Sl. 48) the applicant cannot get the benefit of SC in the name of Pan (Swasi) irrespective of the Gazette Notification dated 02.07.2015 2.07.2015 by Bihar Government. The respondents have further averred that Bihar Government Gazette Notification was only for reservation to the posts and services in Bihar and was not applicable to the posts in Central Government. They have also mentioned that Department of Social Justice and Empowerment havee clarified that Rohit Nandan is not entitled to the benefits of SC category .
5. After admission, we heard the rival counsel and considered their submissions and materials on record.
6. Learned Counsel for applicant submitted that after the Bihar Government Gazette notification (supra) (supra), 'Tanti' caste has ceased to exist and is now Pan (Swa (Swasi) si) caste which figures figur in the list of Schedule Castes of Bihar State State. The State Government had acted on the advice of the State Commission for Backward Class that Tanti was a sub-
sub-
caste of Pan/Swasi and in order that it could avail the benefit of Scheduled Castes category as Pan it should be deleted from the State list of OBCs. Bihar Government Gazette notification does not include any new caste in the list of SCs and hence, there here is no
-6- OA/050/00289/2019 violation of A Article rticle 341 because Pan caste already exists in the Presidential list. The applicant was entitled for SC category status because of the merger of Tanti/Tatwa caste into Pan (Swasi). The applicant's caste had been verified and confirmed as Pan (Swasi) by the local authorities. Further, the Caste certificate issued by DM and Circle Officer has not been cancelled by any authority. 6.1 Learned counsel for applicant further submits that under the Constitution India is an integrated unit as regards validity of the SC status. IIt is well settled that a caste notified in any of the States as a Scheduled Caste under the provisions of Article 341 is entitled to the benefit of SC status for the purpose of entering in into to Central services.
After deletion of Tanti from the State's OBC list, the applicant had obtained the SC certificate as a Pan and was thus entitled to the SC benefits under the Central Services. The applicant's category had also been corrected from OBC to SC in his service book by the departmental authority authority.. The order of respondent authorities denying him the SC status was thus arbitrary and against the law. 6.2 Learned counsel for applicant referred to the case of Deepak Kr. vs State of Bihar in CWJC No. o. 10650 of 2015 wherein where Hon'ble Division Bench of Patna High Court held that the State Government had only deleted Tant Tanti caste from the State list of OBCs on account of the fact that it is a Scheduled Caste already notified in the Presidential order in order to enable them to get the benefit of the
-7- OA/050/00289/2019 Presidential order. Learned counsel for applicant also refers to the Hon'ble Supreme Court judgement in Union of India Vs. Shanti Ranjan Sarkar reported in (2009) 3 SCC 90. 90
7. Respondents have denied the SC category status to the applicant vide their order dated 14.09.2019 (Annexure A/13) on the basis of clarification received from the Department of Social Justice and Empowerment which reads as under:
under:-
" 5.1 Supreme Court through a catena of judgments had held that Presidential Orders under Article 341 of the Constitution of India must be read as it is. It is not even permissible to say that a caste/sub-caste, te, part of or group of any caste is synonymous to the one mentioned in the Scheduled Castes order if they are not so specifically mentioned in it. Further, it is not at all permissible to hold any enquiry or let in any evidence to decide that any caste or part of or group within any caste is not included in the general name even though it is not specifically mentioned in the concerned entry of the Presidential order. A notification once issued by the President under clause(1) of Article 341 specifying scheduled duled castes can only be amended by an Act of Parliament as laid down in clause(2) of Article 341. It is not open to State Governments, Courts or Tribunal or any other authority to modify, amend or alter the list of Scheduled Castes.
5.2 Government of Bihar vide Gazette notification dated dated 02.07.2015 has deleted Tanti/Tatwa Tanti/Tatwa community from the State list of Backward Classes, so that on its inclusion in the list of Scheduled Castes with Pan, Swasi it may get benefits of Scheduled Castes. As of now Tanti/Tatwa twa community of Bihar has not been included in the list of Scheduled castes. Therefore, its members cannot get benefit of SC in the name of Pan, Swasi in terms of Bihar Government's Resolution appearing in Gazette notification.
-8- OA/050/00289/2019 Presently Tanti (Tatwa), Tati, ti, Tatin community appears at Sl. No. 48 in the central list of OBC."
8. Learned counsel for respondents Shri Bindhyachal Rai,, besides reiterating the above grounds and those in the Written Statement, relied on the decision of Jabalpur Bench of CAT dated 09.07.2019 in OA No. 950 of 2018 2018, which was filed on almost identical facts as the instant OA OA. Learned counsel for respondents argued that the matter has been decided by coordinate Bench of the Tribunal in a detailed order hence, the instant OA may be d decided adopting the ratio of Jabalpur Bench decision decision.
9. The issue for our consideration in this OA is whether the Bihar Government Gazette notification dated July 2, 2015 (Annexure A/1) deleting 'Tanti' caste from the State OBC list entitles the applicantt to benefits of Scheduled Caste category as member of Pan caste.
10. The Bihar Government Gazette notification dated 2nd July,2015 reads as under:
under:-
fcgkj xtV vlk/kkj.k vad fcgkj ljdkj }kjk izdkf'kr 11 vk"kk<+ 1937 ¼'kŒ½ ¼laŒ iVuk 723½ iVuk] o`gLifrokj] 2 tqykbZ 2015 laŒ 11@vkŒuhŒ&AAA&02@2015 lkŒizŒ&9532 lkekU; iz'kklu foHkkx &&&&&&& ladYi 1 tqykbZ 2015 fo"k; %& fcgkj inksa ,oa lsokvksa dh fjDr;ksa esa vkj{k.k ¼vuqlwfpr tkfr;ksa] vuqlwfpr tutkfr;ksa ,oa vU; fiNM+s oxksZa ds fy, ½ vf/kfu;e 1991 1991 dh vR;Ur fiNM+s oxksZa dh lwph ¼vuqlwph&1½ ds Øekad&33 ij ntZ ^^rkarh ¼rrok½** tkfr dks foyksfir djus ds laca/k esaA
-9- OA/050/00289/2019 jkT; ljdkj us lkekU; iz'kklu foHkkx ds ladYi la[;k 2641 fnukad 15-09-2006 15 2006 ds }kjk vfr fiNM+s oxksZa ds fy, jkT; vk;ksx] fcgkj] iVuk dk x xBuBu fd;k x;k gSA ladYi dh dafMdk&3 ¼¼iii½½ ds vuqlkj vk;ksx vR;Ur fiNM+h tkfr;ksa dh lwph esa fdlh tkfr dks lfEefyr djus vFkok mlls gVkus dh vuq'kalk ljdkj dks dj ldsxkA vfr fiNM+s oxksZa ds fy, jkT; vk;ksx ds i=kad&31&d fnukad 02-02-2015 02 2015 }kjk fuEukafdr vuq'kalk,¡ dh xbZ gS %& ^^fcgkj vf/kfu;e&12@1993 dh /kkjk&3] vf/kfu;e&19+91 ,oa vf/kfu;e&3@1992 ds izko/kkuksa ds rgr vR;ar fiNM+k oxZ ¼vuqlwph&1. Øekad&33½ dh lwph ls rk¡rh ¼rarokW½ dks foyksfir fd;k tk, rFkk rk¡rh ¼rrokW½ dks ¼la'kks/ku½ vf/kfu;e 1976 esa ffcgkj cgkj ds fy, vf/klwfpr vuqlwfpr tkfr ds Øekad&18 ij vafdr iku@Lokalh tkfr vuqlwfpr tkfr dk izek.k&i= fuxZr fd;k tk,A** vfr fiNM+s oxksZa ds fy, jkT; vk;ksx] fcgkj] iVuk ds miq;ZqDr vuq'kalk ij fiNM+s oxksZa ds fy, jkT; vk;ksx] fcgkj] iVuk dk ijke'kZ izkIr fd;k x;kA fiNM+s oxksZa ds fy, jkT; vk;ksx ds i=kad&45 fnukad 18 18-06-2015 2015 }kjk fn;k x;k lykg fuEukafdr gS %& fcgkj vf/kfu;e&12] 1993 dh /kkjk&9 ¼x½ ds rgr jkT; ljdkj dks fiNM+s oxksZa ds fy, jkT; vk;ksx] fcgkj] iVuk dh ;g lykg gS fd ^^fcgkj jkT; ds fy, vuqlw lfw pr tkfr dh lwph esa 'kkfey ^^iku@Lok¡lh** tkfr dh ,d mitkfr ^^rk¡rh ¼rrok¡½** gS tks jkT; ds vU;Ur fiNM+s oxksZa dh lwph ¼vuqlwph&1½ ds Øekad&33 ij ntZ gS] dks foyksfir dj fn;k tk; rkfd rk¡rh ¼rrok¡½ dks vuqlwfpr tkfr dh lwph esa Øekad&19 ij ntZ iku&Lok iku&Loklh lh ds lkFk lekos'ku ij vuqlwfpr tkfr dk ykHk fey lds**A lkFk gh] rk¡rh ¼rrok¡½ tkfr dks foyksfir djus ds igys ls bl uke ls fuxZr tkfr izek.k&i=ksa ds vk/kkj ij lqfp/kk izkIr dj jgs yksxksa esa fdlh dks Hkh fdlh rjg dh lqfo/kk ls oafpr ugha fd;k tk;A fcgkjj vf/kfu;e&12] 1993 dh /kkjk&9 ¼2½ ds vuqlkj vk;ksx dh jk; ekuus ds fy, lkeku;r% jkT; ljdkj ck/; gksxhA vr% jkT; ljdkj us Hkyh&Hkk¡fr fopkjksijkUr fu.kZ; fy;k gS fd fiNM+s oxksZa ds fy, jkT; vk;ksx dh mi;qZDr lykg ds vkyksd esa fcgkj inksa ,oa lsokvksa dh fjfDr;ksa esa vkj{k.k ¼vuqlwfpr tkfr;ksa] vuqlwfpr tutkfr;ksa ,oa vU; fiNM+s oxksZa ds fy,½ vf/kfu;e 1991 dh vR;Ur fiNM+s oxksZa dh lwph ¼vuqlwph&1½ ds Øekad&33 ij ntZ ^^rk¡rh ¼rrok¡½** tkfr dks foyksfir dj fn;k tk; rkfd rk¡rh ¼rrok¡½ dks vuqlwfpr tkfr dh lwph esa Øekad&20 ij ntZ iku@Loklh ds lkFk lekos'ku ij vuqlwfpr tkfr dk ykHk fey lds**A lkFk gh] rk¡rh ¼rrok¡½ tkfr dks foyksfir djus ds igys ls bl uke ds fuxZr tkfr izek.k&i=ksa ds vk/kkj ij lqfo/kk izkIr dj jgs yksxksa esa fdlh dks Hkh fdlh rjg dh lqfoo/kk /kk ls oafpr ugha fd;k tk;A ;g vkns'k rqjar izHkkoh gksxkA vkns'k& vkns'k fn;k tkrk gS fd loZlk/kkj.k dh tkudkjh ds fy, bls jktdh; xtV ds vlk/kkj.k vad esa izdkf'kr fd;k tk; vkSj bldh izfr egkys[kkdkj] fcgkj] iVuk@yksd lsok vk;ksx] fcgkj] iVuk@deZpkjh p;u vk;ksx] fcgkj] iVuk@fcgkj la;qDr izos'k izfr;ksfxrk ijh{kk i"kZn] iVuk@dsUnzh; p;u i"kZn ¼flikgh HkrhZ½@ fiNM+s oxksZa ds fy, jkT; vk;ksx] fcgkj] iVuk@vfr fiNM+s oxksZa ds fy, jkT; vk;ksx] fcgkj] iVuk@jkT; egknfyr vk;ksx] fcgkj] iVuk@ jkT;iky lfpoky;] fcgkj] kj] iVuk@fcgkj fo/kku lHkk lfpoky;] iVuk@fcgkj fo/kku ifj"kn~ flpoy;] iVuk@lHkh foHkkxk/;{k@lHkh ize.Myh; vk;qDr ,oa lHkh ftyk inkf/kdkjh dks lwpuk ,oa vko';d dkjZokbZ ds fy, Hksth tk;A fcgkj&jkT;iky ds vkns'k ls] jktsUnz jke] ljdkj ds vij lfpoA
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11. Evidently, the above Gazette notification was issued by Bihar Government on recommendation of the State Backward Commission that Tanti/Tatwa should be deleted from the list of OBCs and it should be issued Scheduled caste certificate as Pan/Swasi which was already included in the list of SCs. While making its recommendation, the he Commission observed that Tanti/Tatwa was a sub-caste sub caste of Pan (Swasi) and deletion from the State OBC list would lead to its merger with Pan (Swasi)) which would entitle them for the Scheduled Caste category and its benefits.
12. Hon'ble Patna High Court in the matter of Deepak Kumar Vs. State of Bihar (supra) held that the State Government had acted on the recommendation of the Backward Commission w which was binding upon the State Government. Para 9 of the order of Hon'ble High Court is reproduced as under:
under:-
"9. We find that once the Commission has made its recommendation which is binding on the State Government in view of Sections 9 and 11 of the Act and taken action in the matter, we cannot sit in appeal over the decision of the Commission and make any further indulgence into the matter. The petitions filed by the petitioners are misconceived and we see no reason to interfere into the matter. It is not not a case as canvassed by the petitioners wherein the State Government has amended the Presidential order without any authority of law and has included a particular caste in the category of Scheduled Caste or Scheduled Tribe, but the State Government has onlynly deleted certain highly Backward Caste from the State list on account of the fact that it is a Scheduled Caste already notified in the Presidential order and, therefore, to enable them to take the benefit of the Presidential order the circular has been issued as a clarification. That being the actual position, we see no reason to make any indulgence in the matter."
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13. Ld. counsel for applicant relied upon the Apex Court judgment in Union of India Vs. Shanti Ranjan Sarkar supra in support of his averment that the applicant having obtained the SC certificate as a Pan was entitled to the benefits for SC category in the Central Services and thus to the promotion through the LDCE as SC candidate. The relevant observation of Apex Apex Court is reproduced as under::-
""10. ......... A member of a Scheduled Caste , thus , notified in any of the States within the territories of India , having regard to the provisions contained in Article 341 of the Constitution , was entitled to get the benefi benefitt of the said status for the purpose of entering into the Central Civil Services. ......."
14. Jabalpur Bench of the Tribunal in OA No. 950 of 2018 supra, referred to by the counsel of respondents, held that there was no illegality and ambiguity in the order passed by the respondent department. The Tribunal observed that there there was no compliance of the Article 341 in the Bihar Government Gazette notification supra and the he law was well settled by the Hon'ble Apex Court to the effect that there cannot be addition or deletion except as per Article 341 (1) and (2) of the Constitution.
15. The law relating to affirmative action and protective discrimination by way of reservation of posts for the members of the Scheduled Castes has been provided under Article 16(4) of the Constitution which reads as under:-
-12- OA/050/00289/2019 "16(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State." Article 16(4) is an enabling provision and confers a discretionary power on the State to make a reservation of appointments in favour of backward class of citizens which, in its opinion, is not adeq adequately uately represented in the Services of the State. It is settled by Hon'ble Supreme Court beyond any doubt or dispute that the term `backward class of citizens' contained in clause (4) of Article 16 includes Scheduled Castes and Scheduled Tribes for all intent nt and purport. Reservation to Scheduled Castes and Scheduled Tribes in appointment to Government services has been specifically provided under Article 335 which reads as under.
Article 335: "The claims of the members of the Scheduled Castes and Scheduledd Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
Provided that nothing in this article cle shall prevent in making of any provision in favour of the members of the Scheduled Castes and Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or the State." Articles 341 and 342 of the Constitution of India define as to who would be Scheduled Castes and Scheduled Tribes with respect to any State or Union Territory and how the lists can be amended.
amended.
Article 341 of the Constitution defining the Scheduled Castes is reproduced below below:-
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"Article 341.--(1)
(1) The President may with respect to any State or Union Territory and where it is a State after consultation with with the Governor thereof, by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, rritory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause(1) clause any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid oresaid a notification issued under the said clause shall not be varied by any subsequent notification."
16. The Article provides that for Scheduled Castes there will be a Presidential list issued first in consultation with the Governor of the State and an anyy subsequent change can only be made by the parliamentary law. The issue of alteration or variation to the list of Scheduled Castes (and Scheduled Tribes) has been settled by Hon'ble Supreme Court through various judgments. Hon'ble Apex Court in the matte matter of Bir Singh Vs. Delhi Jal Board &Ors., &Ors., reported in (2018) 10 SCC 312 held as under .
"36. The upshot of the aforesaid discussions would lead us to the conclusion that the Presidential Orders issued under Article 341 in regard to Scheduled Castes and under der Article 342 in regard to Scheduled Tribes cannot be varied or altered by any authority including the Court. It is Parliament alone which has been vested with the power to so act, that too, by laws made. Scheduled Castes and Scheduled Tribes thus specified specified in relation to a State or a Union Territory does not carry the same status in another State or Union Territory. Any expansion/deletion of the list of Scheduled Castes/Scheduled Tribes by any authority except Parliament would be against the constitutional al mandate under Articles 341 and 342 of the Constitution of India."
17. It is clear from the above para that except Parliament no authority, be it the State Governments, Courts or Tribunal has the power to modify, amend or alter the list of Scheduled Castes. Under
-14- OA/050/00289/2019 Article 16(4), State has the discretionary power to decide the reservation in appointments for backward class of citizens which, in its opinion, is not adequately represented in the Services of the State and it also has an obligation to consider the claims of Scheduled Castes and Scheduled Tribes in appointments to Government services and posts. However, it cannot make alteration or modification to the list of SCs SCs.
18. It is undisputed ted that Tanti (Tatwa) was included as OBC in the State list till the deletion by the Bihar Government overnment through the Gazette notification supra. Further, the caste still remains in the Central list of OBC OBCs (Annexure R/3, R/3 Sl 48). Simultaneously, Pan (Swasi) is listed in the Presidential list as Scheduled Caste of Bihar. This implies that Tanti (Tatwa) and Pan have separate caste entities. Deleting Tanti from the State list of OBCs and issuing its members the Scheduled Caste Certificate as Pan (Swasi) amount amounts to bringing Tanti into the SC list by change of name without the parliamentary arliamentary approval.
oval. As long as Tanti is not included in the Presidential list of Scheduled Cast Castes es through parliamentary law under Article 341(2), its ts members cannot get the benefit of SC SC.
19. Based on above discussions we are inclined to hold that the applicant does not belong to Scheduled Castes and the impugne impugned d order dated 14.02.2019 (Annexure A/13) does not suffer from any legal infirmity. We feel that the OA is devoid of merit and and deserves to
-15- OA/050/00289/2019 be dismissed. Ordered accordingly. Pending MAs, if any, also stand disposed posed of of. No cost [ Sunil Kumar Sinha] [ M.C. Verma ] Administrative Member Judicial Member Srk.