Supreme Court Overturns Promotion Based on Illegal Caste Reclassification

Supreme Court Reverses High Court Decision, Denying Promotion to Postal Assistant Claiming Scheduled Caste Status, ruling that the 2015 State Government notification merging the "Tanti" caste with the Scheduled Castes list was illegal. The Court relied heavily on its recent decision in Dr. Bhim Rao Ambedkar Vichar Manch Bihar v. State of Bihar (Click to Download) (2024), which held that state governments lack the authority to alter the Scheduled Castes list defined in the Constitution.

The repondent/Rohit Nandan, appointed as a Postal Assistant in 1997 under the Other Backward Caste (OBC) category, sought to change his categorization to Scheduled Caste (SC) following a 2015 State Government notification that merged his "Tanti" caste with the SC list. Based on this new categorization, Nandan applied for and was successful in a Limited Departmental Competitive Examination (LDCE) for promotion in 2016. However, his promotion was put on hold and subsequently denied after the Department of Posts determined he was not entitled to SC benefits. Nandan challenged this decision, ultimately succeeding in the High Court. The Union of India appealed the High Court’s decision to the Supreme Court.

The State Government's attempt to reclassify the "Tanti" caste as Scheduled Castes was "patently illegal" and a "mala fide exercise." since the Inclusion or exclusion of any caste from the Scheduled Castes list requires an act of Parliament, not a state government notification. the Court held that "9. While the present case deals with the removal of the Tanti caste from the OBC list instead of the EBC List, the decision of this Court in Bhim Rao Ambedkar (supra) covers the issue and the notification of the State Government adding to the list of Scheduled Class is illegal and unlawful. The respondent cannot claim the benefits of the Scheduled Caste Category since the merger of the Tanti caste with the Scheduled Caste list is bad in law in light of Bhim Rao Ambedkar (supra)."

While the Court acknowledged the injustice caused to individuals who relied on the illegal notification, it emphasized the importance of protecting the rights of those genuinely belonging to the Scheduled Castes.

Distinguishing this case from Dr. Bhim Rao Ambedkar Vichar Manch Bihar v. State of Bihar (Click to Download) case and from K. Nirmala v. Canara Bank (Click to Download), the Apex Court noted that Nandan benefited from the illegal categorization for a relatively short period and therefore did not warrant equitable relief.

Croam: Justice P. S. Narsimha and Justice Manoj Misra
Between: Union of India & ors vs Rohit Nandan
Date Of Judgment:13-12-2024

PS: Also Read The Judgement Summary in case of State of Punjab & Ors v. Davinder Singh & Ors on Sub Classification of Scheduled Castes (Click here)