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Supreme Court of India 2024-12-13 allowed

UNION OF INDIA & ORS vs ROHIT NANDAN

Bench: 2 — Pamidighantam Sri Narasimha, Manoj Misra

In Brief

A postal employee appointed as OBC in 1997 sought SC status after a State notification merged his caste (Tanti) from the OBC list into the SC list. He obtained an SC certificate and applied for promotion as an SC candidate, but was rejected as he did not belong to a scheduled caste. The Supreme Court held the State's notification merging Tanti into the SC list was unconstitutional, as only Parliament can modify SC schedules under Article 341. Though equitable protection might apply in long-standing appointments, the respondent's benefit lasted only months during litigation. The Court allowed the appeal, set aside the High Court order, and directed the respondent remain in the OBC category.

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Constitutional Law Scheduled Castes OBC Reservation Caste Certificates Administrative Law Service Law Article 341

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