In a significant ruling reaffirming the constitutional limits of state authority, the Supreme Court of India on Wednesday struck down the Bihar government’s 2015 notification merging the Tanti caste into the Scheduled Caste (SC) category. The Court held that the state’s action was unconstitutional, emphasizing that any modifications to Scheduled Caste lists must be undertaken solely by Parliament under Article 341 of the Constitution.
The judgment, delivered in Union of India & Ors. v. Rohit Nandan (Civil Appeal No. 14394 of 2024), was pronounced by a bench comprising Justice Pamidighantam Sri Narasimha and Justice Manoj Misra. The Court overturned a 2023 decision of the Patna High Court that had allowed the respondent, Rohit Nandan, to claim Scheduled Caste benefits based on the Bihar notification.
Case Background
The legal tussle began when the Bihar government, through a gazette notification dated July 2, 2015, removed the Tanti caste from the Other Backward Classes (OBC) list and merged it with the Pan/Swasi caste under the SC category. Rohit Nandan, who had been employed as a Postal Assistant since 1997 under the OBC quota, subsequently obtained an SC certificate and applied for a category change in his service records. This enabled him to apply for promotion to the Postal Service Group ‘B’ cadre through a Limited Departmental Competitive Examination (LDCE) as an SC candidate.
Although Nandan succeeded in the examination held in December 2016, the Department of Posts declined to approve his promotion, arguing that he did not qualify as an SC candidate. Aggrieved, he approached the Central Administrative Tribunal (CAT), which dismissed his claim in April 2022. The Patna High Court later reversed this decision, ruling in Nandan’s favor, prompting the Union of India to appeal to the Supreme Court.
Key Legal Issues
The case raised critical constitutional and legal questions, including:
Authority under Article 341: Whether the Bihar government had the constitutional authority to reclassify the Tanti caste as Scheduled Caste.
Legality of State Notification: Whether the state’s action complied with constitutional requirements and the role of Parliament in caste classification.
Equitable Relief: Whether Nandan, having availed benefits under the reclassification, was entitled to equitable protection despite the illegality of the notification.
Supreme Court’s Findings
The Supreme Court unequivocally held that the Bihar government had overstepped its constitutional boundaries by attempting to alter the Scheduled Caste list. Justice Narasimha, writing the judgment, observed:
“The State Government’s action of merging Tanti caste with Pan/Swasi under Scheduled Castes was a mala fide exercise, undertaken without constitutional authority. The provisions of Article 341 are unambiguous—no State has the authority to alter Scheduled Caste lists unilaterally.”
The bench relied heavily on its recent decision in Dr. Bhim Rao Ambedkar Vichar Manch Bihar v. State of Bihar (2024 INSC 528), where it declared a similar Bihar notification illegal. The Court clarified that any inclusion or exclusion in the Scheduled Caste list must be effected through parliamentary legislation, not state notifications.
While past Supreme Court rulings, such as K. Nirmala v. Canara Bank, had extended equitable relief to candidates benefiting from erroneous caste classifications, the Court denied such protection to Nandan. Justice Narasimha distinguished this case, noting:
“Unlike earlier cases involving long-standing appointments, the respondent’s promotion based on the illegal SC classification was recent, and no equities could arise in his favour.”
Parties and Representation
Appellants: Union of India and Others
Respondent: Rohit Nandan
Bench: Justice Pamidighantam Sri Narasimha and Justice Manoj Misra
