Patna: The Patna High Court has ruled that members of the Tanti-Tantwa community must be considered under the Extremely Backward Class (EBC) category instead of the Scheduled Caste (SC) category in the Bihar recruitment case.
The Court dismissed an appeal filed by candidates challenging their exclusion from the selection process for Trade Instructor (Fitter) posts. It held that the Supreme Court’s earlier judgment could not be treated as prospective unless the Supreme Court had specifically directed so.
Background Of The Tanti-Tantwa SC Status Case
The case, Suman Kumar and Others v. State of Bihar and Others, concerned candidates who had applied for the post of Trade Instructor (Fitter) under Advertisement No. 10 of 2023.
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The candidates belonged to the Tanti-Tantwa community and had applied under the Scheduled Caste category using their caste certificates.
They appeared in the examination and were declared successful. They were later called for document verification as part of the recruitment process. However, a legal development during the recruitment process changed their reservation category.
Tanti-Tantwa SC Status Case: Supreme Court Had Cancelled Bihar Government’s 2015 Decision
On July 15, 2024, the Supreme Court delivered its judgment in Dr. Bhim Rao Ambedkar Vichar Manch Bihar, Patna v. State of Bihar and Others.
The Supreme Court set aside the Bihar Government’s July 1, 2015 resolution, which had merged the Tanti-Tantwa community with the Pan/Sawasi community in the Scheduled Caste list.
The Supreme Court held that a state government does not have the authority to change the Scheduled Caste list under Article 341 of the Constitution.
It also directed that Scheduled Caste quota posts given to Tanti-Tantwa members after the 2015 resolution should be returned to the Scheduled Caste quota. Those who had received such benefits could be accommodated under their original Extremely Backward Class category through appropriate steps by the State Government.
Why Were The Candidates Shifted To The EBC Category
Following the Supreme Court’s judgment, the Bihar Government issued a Gazette notification on August 12, 2024.
The Labour Resources Department also issued directions to the Bihar Technical Service Commission (BTSC) on September 4 and September 19, 2024, asking it to correct the recruitment merit list.
On October 15, 2024, the Commission asked the candidates to submit valid caste certificates and non-creamy layer certificates to establish their reservation claims.
As a result, the Tanti-Tantwa candidates were considered under the EBC category instead of the SC category. However, the candidates could not secure the required cut-off marks applicable to EBC candidates. Therefore, they were not selected for the posts.
Tanti-Tantwa SC Status Case: What Did The Candidates Argue Before The Court
The candidates challenged the Commission’s decision before the Patna High Court..They argued that their reservation category should be decided according to the rules and category status applicable when the recruitment advertisement was published or when they submitted their applications.
They also argued that the authorities could not change the reservation category in the middle of an ongoing recruitment process. According to the candidates, applying the Supreme Court’s decision retrospectively would unfairly affect their selection chances.
They further argued that they had valid caste certificates and had already participated in the examination under the Scheduled Caste category.
What Did The Patna High Court Say
A Division Bench of Chief Justice V. Kameswar Rao and Justice Partha Sarthy heard the appeal.
The Bench examined the Supreme Court’s earlier judgment and the subsequent steps taken by the Bihar Government and the recruitment commission. The High Court rejected the candidates’ arguments and agreed with the decision of the Single Judge, who had earlier dismissed their writ petition.
Supreme Court Judgments Cannot Be Assumed To Apply Only Prospectively
The High Court observed that a Supreme Court judgment cannot automatically be considered prospective unless the Supreme Court specifically states that it will apply only from a future date.
The Bench relied on earlier judicial decisions dealing with the effect of court judgments. It also agreed with the Single Judge’s reasoning that judicial decisions generally explain the correct position of law and are not automatically limited to future cases.
Tanti-Tantwa Community Falls Under The EBC Category
The Division Bench made it clear that the Supreme Court’s 2024 judgment had restored the original reservation position of the Tanti-Tantwa community. Therefore, members of the community could not continue claiming Scheduled Caste reservation benefits on the basis of the Bihar Government’s cancelled 2015 resolution.
The Court held that the candidates were correctly considered under the Extremely Backward Class category. It also noted that the candidates had failed to meet the cut-off marks required for selection under the EBC category.
Recruitment Process Was Governed By The Supreme Court’s Decision
The candidates had argued that the change in reservation status should not affect a recruitment process that had already started. However, the High Court did not accept this argument.
It agreed that the Supreme Court’s ruling and the subsequent government directions applied to the recruitment process in question. The Bench found no legal reason to interfere with the Single Judge’s decision.
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FAQs
The Court rejected the appeal because the candidates were correctly considered under the EBC category and failed to secure the required cut-off marks for selection.
The Patna High Court held that the Tanti-Tantwa community must be treated under the Extremely Backward Class (EBC) category instead of the Scheduled Caste (SC) category, following the Supreme Court’s 2024 judgment.
On July 15, 2024, the Supreme Court cancelled Bihar’s 2015 decision to merge the Tanti-Tantwa community with the Pan/Sawasi community in the Scheduled Caste list. It directed that the community’s original EBC status be restored and the affected reservation arrangements be corrected.
