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[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

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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.

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.

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:-

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