SUNIL KUMAR RAI & ORS. versus THE STATE OF BIHAR & ORS.

SUNIL KUMAR RAI & ORS. versus THE STATE OF BIHAR & ORS.

The impugned Bihar notification of 23.08.2016 which authorised issuance of Scheduled Tribe certificates to the 'Lohara (Lohar)' community is illegal and arbitrary because the authoritative (English) statutory text and consistent Supreme Court precedent establish that 'Lohar' is not the same as 'Lohara'/'Lohra' and Lohars are not Scheduled Tribes but an OBC; the State's inclusion of Lohar offended Article 14 and exceeded executive power under Article 342 and thus the notification must be quashed; given the serious adverse consequences including prosecutions under the 1989 Act and custody suffered by petitioners, the writ petition under Article 32 is maintainable and relief was warranted,...

Parties
Petitioners: Sunil Kumar Rai & Ors.; Respondents: The State of Bihar & Ors.
Jurisdiction
India
Judgment Date
21 February 2022
Procedural Posture
Writ Petition (civil) No. 1052 of 2021 Under Article 32 of the Constitution / Final Judgment (writ Petition Allowed)
Outcome
Writ petition allowed; impugned notification of 23.08.2016 quashed
Legal Topics
Scheduled Tribes, Social Status Certificate, Article 32, Article 342, Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989, Delay/laches, Official Language Conflict
Constitutional Law Administrative Law Criminal Law Scheduled Tribes Social Status Certificate Article 32 Article 342 Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 +2 more

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Parties

Sunil Kumar Rai & Ors.

Petitioners

The State of Bihar & Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 1052 of 2021 Under Article 32 of the Constitution / Final Judgment (writ Petition Allowed)

Legal Issues

  1. 1 Whether the Bihar Government notification dated 23.08.2016 lawfully authorised issuance of Scheduled Tribe certificates to the Lohar community
  2. 2 Whether the term 'Lohar' is equivalent to 'Lohara' or 'Lohra' for purposes of inclusion as Scheduled Tribe
  3. 3 Whether petitioners' challenge under Article 32 was maintainable despite delay and despite alternative remedies

Ratio Decidendi

The impugned Bihar notification of 23.08.2016 which authorised issuance of Scheduled Tribe certificates to the 'Lohara (Lohar)' community is illegal and arbitrary because the authoritative (English) statutory text and consistent Supreme Court precedent establish that 'Lohar' is not the same as 'Lohara'/'Lohra' and Lohars are not Scheduled Tribes but an OBC; the State's inclusion of Lohar offended Article 14 and exceeded executive power under Article 342 and thus the notification must be quashed; given the serious adverse consequences including prosecutions under the 1989 Act and custody suffered by petitioners, the writ petition under Article 32 is maintainable and relief was warranted,...

Court Disposition

Writ petition allowed; impugned notification of 23.08.2016 quashed

Orders

  • Impugned Notification No. 689 dated 23.08.2016 issued by the Government of Bihar quashed insofar as it purports to include the 'Lohar' community as Scheduled Tribe
  • Clarification that the quashing is qua 'Lohar' community and that 'Lohara' (Lohra) continue to be Scheduled Tribe under the Presidential Order and Acts