A Presidential notification including a caste in the Scheduled Tribe category cannot be overridden by a subsequent State Government notification placing the same caste in a different category.

In this application, the petitioner has prayed for issuance of a writ commanding the respondents to give him the benefit in his service which are being given; to the members of the Scheduled Tribe in the matters relating to promotion.

2. Facts of the case fall in a narrow compass. The petitioner was appointed on 10.8.1964 as Lecturer in the Government Polytechnic, Muzaffarpur. Subsequently, he was promoted in the rank of Assistant Professor, Mechanical in the year 1966. Thereafter the petitioners name was recommended by the Bihar Public Service Commission for appointment as Assistant Engineer, Mechanical, in the Department of River Valley Project, Government of Bihar. Consequent thereto, the petitioner was appointed against the said post and joined on 4.1.1967. The petitioner was ultimately promoted to the rank of Executive Engineer. Thereafter one J. Munda, whose name was recommended by the Bihar Public Service Commission in the year 1966, was promoted To the post of Superintending Engineer ignoring the claim of the petitioner who belonged to 1965 batch. Subsequently, the petitioner learnt that as Mr. Munda belonged to a Scheduled Tribe community, he was promoted earlier to the petitioner.

3. The petitioner, thereafter, filed representation stating therein, that be belonged to Lohar caste and as per the Presidential notification as contained in Annexure 6, it has been notified that In the State of Bihar, the caste of Lohar or Lohra has been placed in the category of Scheduled Tribe. It is not in dispute that the petitioner is a Lohar by caste. Rather, there are different letters and certificates granted by the authorities, from time to time to show that the petitioner is Lohar by caste. The only controversy is whether persons belonging to Lohar by caste will be entitled for the benefits which are being extended to the members of Scheduled tribe.

4. A counter affidavit has been filed on behalf of the official respondents, that is respondent nos. 1 to 5, wherein the claim of the petitioner for his promotion to the post of Superintending Engineer in place of Mr. J. Munda has been denied. It has also been denied that the petitioner is entitled for the benefit which are being given to the members of the Scheduled Tribes on the ground that he has not been placed under the category of a Scheduled Tribe. It has been stated that the Department of Personnel & Administrative Reforms vide letter no. 756 dated 10.11.1978 has notified Lohar and Karmkar and Kamar in the category of other backward classes. It is stated that in view of the aforesaid notification, as the petitioner belongs to Lohar caste, he cannot claim the benefits of Scheduled Tribe. Besides the aforesaid, it has been further stated that the petitioner did not file any application before the department, questioning the promotion of J. Munda as Superintending Engineer.

5. On the basis of the facts stated above, a question arises for adjudication whether the petitioner who is Lohar by caste is entitled for the benefits which have been extended to the scheduled tribe, as per different notifications issued by the Central Government as also by the State Government ? The petitioner has placed reliance over notification issued by the Government of India, wherein caste Lohar and Lohra have been included in the category of scheduled tribe for the State of Bihar and are placed at serial no. 22 of the list, containing the names of different castes. On the other hand, the respondents have placed reliance over a notification issued by the Department of Personnel & Administrative Reforms dated 10.11.1978 (Annexure F) in which caste Lohar has been placed in the category of other, backward classes. According to the petitioner, once the name of a particular caste is included in the category of the scheduled tribe vide a notification issued by the President of India, the same cannot be excluded by any other notification or order issued by a particular State Government. It is stated that for