Indian Kanoon - Search engine for Indian Law

(ii) To quash the order dated 01.04.2022 passed by the Honorable Central Administrative Tribunal Patna Bench in O.A No. 050/00289/2019 whereby and where under the original application of the petitioner has been dismissed without considering the Honorable division bench judgment of the Patna High Court passed in CWJC. No. 10650 of 2016 as well as without considering the various orders judgment passed, the scope of the court is very wide and can be used or exercised to remedy in justice, whenever it is found. The caste Pan, Swansi is existing since long in the notified presidential order. It is relevant to state here that caste certificate of pan as well as notification of state still in existence, so that the petitioner is entitled for the promotion in the facts & circumstances.

(iii). Any other relief or reliefs as your lordship may deem feet proper in the facts and circumstances of the case.

3. The short facts, according to the petitioner, are that the petitioner was appointed as Postal Assistant in the year 1997 under Other Backward Caste (OBC) Patna High Court MJC No.1572 of 2023(7) dt.07-11-2023 Category on the basis of his 'Tanti' Caste 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 Caste SC) category on its merger with Pan/Swasi caste which figures in the list of Scheduled Caste. The petitioner, following the gazette notification, obtained Scheduled Caste certificate as member of Pan/Swasi caste from the office of District Magistrate, Patna on 29.09.2015 and requested the Chief Post Master General, Patna on 23.06.2016 for change of his category from OBC to Scheduled Caste in his Service Book in terms of the new caste certificate and the aforesaid Gazette notification. The petitioner, who had, by then, been promoted to the cadre of Inspector, applied for promotion to the Postal Service Group 'B' through Limited Departmental Competitive Examination (LDCE) as notified on 07.10.2016, 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, however, his name was not approved for promotion and his result was put on hold for further consideration vide notification dated 06.09.2018. Meanwhile, the office of Postmaster General, East Region, Bihar, Patna ordered on 17.08.2018 to change the category of petitioner to SC in his Service Book. The Department of Posts, after consulting the Department of Social Justice and Empowerment, ordered vide communication dated 14.02.2019 that the petitioner was not entitled to the benefit of SC category as he does not belong to SC category and deleted his name from the list of candidates successful in the examination vide its order dated 14th February, 2019. Being aggrieved by the aforesaid order dated 14.02.2019, the petitioner filed OA/050/00289/2019 before the Central Administrative Tribunal, Patna Branch, Patna, which was dismissed. Hence, the present Writ.

4. The learned counsel for the petitioner has submitted that after the resolution of the Bihar Government vide Gazette Notification dated 02.07.2015, 'Tanti' caste has ceased to exist and is now Pan (Swasi) caste which figures in the list of Scheduled Castes of State of Bihar. The State Government had acted on the advice of the State Commission for Extremely Backward Patna High Court MJC No.1572 of 2023(7) dt.07-11-2023 Classes that 'Tanti' was a 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 OBC. The Bihar Government Gazette Notification does not include any new caste in the list of SCs and, as such, there is no violation of Article 341 because Pan caste already exists in the Presidential list. The petitioner was entitled for SC category status because of the merger of Tanti/Tatwa caste into Pan (Swasi). The petitioner's caste had been verified and confirmed as Pan (Swasi) by the local authorities. Further, the castecertificate issued by the District Magistrate and the Circle Officer have not cancelled the certificate issued by any authority. The learned counsel for the petitioner has further submitted that it 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 into Central Services. After deletion of 'Tanti' from the list of OBC of the State Government, the petitioner obtained the SC certificate as a Pan and was thus entitled to the SC benefits under the Central Services. The petitioner's category had also been corrected from OBC to SC in his service book by the departmental authority. It has not been deleted after due process of law. Hence, the order of the respondent authorities denying him the SC status was arbitrary and against the law

7. Having considered the material available on record and further considering the rival submission, in the present writ petition, the core question which arises is whether the petitioner is entitled to get the benefits under SC category as a member of Pan Caste, in the given facts and circumstances.

8. On a perusal of the Bihar Gazette Notification dated 02.07.2015, it appears that the State Government has only directed for removal of Tanti and Tantwa community from the list of Most Backward Classes as notified for the State of Bihar in view of the fact that it is a sub caste of Pan and Swasi, which is a notified Scheduled Caste, already notified by the Central Government way back in the year 1978 and 1997. It is apparent that finding Pan and Swasi to be already notified as Scheduled Caste in the State of Bihar as per the Constitution Scheduled Caste Order 1950 and Tanti and Tantwa to be erroneously notified as belonging to other Backward Classes in the State of Bihar, it being in the nature of a title and synonymous with the categories Pan and Swasi already notified by the Central Government, keeping in view the recommendation of the EBC Commission, the Circular in question has been issued. It is a case where the State Government has not amended the list of Scheduled Caste as notified by the Union but it has only deleted a particular entry namely Tanti and Tantwa from the list of other Backward Classes and it has been found that as they are synonymous with Pan and Swasi which is a notified Scheduled Caste, therefore, their name should be deleted from the State list of Extremely Backward Classes so that they could get the Patna High Court MJC No.1572 of 2023(7) dt.07-11-2023 benefit of the Scheduled Caste category notified by the Union Government.