PRABHAT KUMAR SHARMA versus UNION PUBLIC SERVICE COMMISSION AND ORS.

PRABHAT KUMAR SHARMA versus UNION PUBLIC SERVICE COMMISSION AND ORS.

The 'Lohar' community in Bihar is not included as a Scheduled Tribe in the authoritative English text of the Scheduled Tribes Order, and cannot claim Scheduled Tribe status; only Parliament can amend the Schedules.

Parties
Appellant: Prabhat Kumar Sharma; Respondents: Union Public Service Commission and Ors.
Jurisdiction
India
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal and Writ Petitions / Final Disposition by Supreme Court
Outcome
appeal and writ petitions dismissed with costs throughout
Legal Topics
Scheduled Tribes Status, Authoritative Text of Statutes, Judicial Power to Declare Caste/tribe, Reservation Eligibility
Constitutional Law Administrative Law Reservation Policy Scheduled Tribes Status Authoritative Text of Statutes Judicial Power to Declare Caste/tribe Reservation Eligibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Prabhat Kumar Sharma

Appellant

Union Public Service Commission and Ors.

Respondents

Procedural Posture

Civil Appeal and Writ Petitions / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether 'Lohar' community in Bihar is a Scheduled Tribe or Other Backward Class
  2. 2 Whether Hindi or English version of Scheduled Tribes Order is authoritative
  3. 3 Jurisdiction of courts to include or exclude castes/tribes from Schedules

Ratio Decidendi

The 'Lohar' community in Bihar is not included as a Scheduled Tribe in the authoritative English text of the Scheduled Tribes Order, and cannot claim Scheduled Tribe status; only Parliament can amend the Schedules.

Court Disposition

appeal and writ petitions dismissed with costs throughout

Orders

  • No merit found; appeal and writ petitions dismissed with costs.
  • No further reference of Nityanand Sharma case to larger bench.