Inclusion of a caste in Scheduled Tribes must be validated by the President; prior unrecognized notifications are null and void, underscoring the importance of adherence to constitutional mandates.

JUDGMENT

P. B. BAJANTHRI, J.

In the instant L.P.A., Appellant has assailed the order of the learned Single Judge dated 13.07.2022 passed in C.W.J.C. No.9632 of 2022.

2. The appellant was a candidate for recruitment to the post of Assistant Professor, Computer Science and Engineering in the Government Engineering College of Bihar, pursuant to the Advertisement No.52 of 2020 dated 09.09.2020. He had claimed his candidature under Scheduled Tribes Category. He had applied for the post before the last date of submission of application, i.e., on 12.10.2022. He had participated in the process of selection. He was successful in written examination and invited for interview on 02.04.2022. His name was also recommended on 06.05.2022.

3. The State Government had issued a Gazette Notification No.689 of 2016 dated 23.08.2016 while including ‘Lohar Caste in Scheduled Tribes List’. The appellant had obtained Scheduled Tribes Caste Certificate on 10.09.2016, pursuant to the aforementioned Gazette Notification dated 23.08.2016 insofar as inclusion of ‘Lohar Caste in Scheduled Tribes List’.

4. Inclusion of ‘Lohar Caste in Scheduled Tribes List’ dated 23.08.2016 was the subject matter of litigation before the Hon’ble Supreme Court in Writ Petition (Civil) No.1052 of 2021 (Sunil Kumar Rai & Ors. Versus The State of Bihar & Ors.) in which it was struck down on 21.02.2022. In this backdrop, question for consideration is whether the appellant is entitled to claim Scheduled Tribes benefit for the purpose of selection and appointment to the post of Assistant Professor, Computer Science and Engineering under ST category, in the light of the fact that his name has been recommended for appointment under the aforementioned category on 06.05.2022 or not?

5. Perusal of dates and events, it is evident that as on the date of recommendation of the appellant’s name to be considered for appointment to the post of Assistant Professor, Computer Science and Engineering, under Scheduled Tribes Category (Lohar Caste) it was not noticed by the authority insofar as striking down the Government Gazette Notification dated 23.08.2016 insofar as inclusion of ‘Lohar Caste in Scheduled Tribes List’ on 21.02.2022 by the Hon’ble Supreme Court. To that effect, authorities while recommending the name of the appellant have not taken note of the Hon’ble Supreme Court decision in the case of Sunil Kumar Rai & Others Versus The State of Bihar & Others (cited supra). Thereafter Appellant’s name was not considered, resultantly he had approached this Court in filing C.W.J.C. No.9632 of 2022 and it was dismissed. Hence the L.P.A..

6. Learned counsel for the appellant submitted that as on the last date of submission of application whatever the status of the candidate is required to be taken into consideration. In the present case, last date of submission of application being 12.10.2020, as on that date, Gazette Notification dated 23.08.2016 insofar as inclusion of ‘Lohar Caste in Schedule Tribes List’ was very much existing in the eye of law. Therefore, in order to give effect to the Advertisement No.52 of 2020 dated 09.09.2020 and complete the process of selection and appointment, appellant’s candidature is required to be considered under Scheduled Tribes Category. Exclusion of the name of the appellant from the select list under ST category or quota and in not issuing the order of appointment is incorrect. In support of the aforementioned contentions, he has cited two decisions of the Hon’ble Supreme Court in the case of R. Unnikrishnan and Another Versus V.K. Mahanudevan and Others , reported in (2014) 4 Supreme Court Cases 434 (Paragraphs-