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Supreme Court of India 2022-02-21 allowed

Sunil Kumar Rai & Ors vs State of Bihar & Ors

Bench: 2 — K.M. Joseph

In Brief

The Supreme Court quashed Bihar's 2016 Notification purporting to grant Scheduled Tribe (ST) certificates to the Lohar community. The Court held that Lohar is an Other Backward Class (OBC), not an ST, distinguishing it from the distinct caste 'Lohara' which is properly ST. This position rests on three prior Supreme Court judgments spanning 1990–2006, which the State unlawfully ignored. The English version of the Presidential Notification under Article 342 is authoritative; the repeal of a 2006 amendment does not retroactively elevate Lohar status. The wrongful notification led to criminal prosecutions under the SC/ST Atrocities Act and wrongful imprisonment of two petitioners. The Court awarded ₹5,00,000 as costs for violation of fundamental rights."

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Constitutional Law Scheduled Tribes Administrative Law Article 342 Fundamental Rights Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

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