Gujarat High Court SC list exclusion vested rights

• The Gujarat High Court has held that persons born into a caste when it was recognised as a Scheduled Caste will continue to enjoy accrued reservation benefits throughout their lifetime.
• Individuals who were promised constitutional protection and affirmative action through their birth into a Scheduled Caste will not be left in the lurch by later legislative changes.
• The court's ruling is based on the principle that caste is acquired by birth and remains with a person throughout life, making it an involuntary and permanent identity.

The exclusion of a caste from the list of scheduled castes can only be prospective and the benefits that had accrued on a person who had been born into the caste when it was included in the list of scheduled castes would continue to adhere to him during his life time.

The Gujarat High Court has delivered a significant ruling that will have far-reaching implications for individuals who have availed of reservation benefits in the past. The court held that persons born into a caste when it was recognised as a Scheduled Caste will continue to enjoy accrued reservation benefits throughout their lifetime, even if Parliament subsequently excludes that caste from the SC list. This means that individuals who were promised constitutional protection and affirmative action through their birth into a Scheduled Caste will not be left in the lurch by later legislative changes. The court's ruling is based on the principle that caste is acquired by birth and remains with a person throughout life, making it an involuntary and permanent identity. As such, the benefits flowing from this status cannot be withdrawn midway merely because Parliament excludes that caste from the Scheduled Castes list.

The court's decision is rooted in the constitutional scheme governing Scheduled Castes under Articles 15, 16, 17, 46, 335, 338, and 341 of the Constitution of India. The bench undertook an extensive examination of the legislative history of the Presidential Orders relating to the 'Mochi' caste in Gujarat, which revealed that a person born into a caste when it was recognised as a Scheduled Caste acquires a vested constitutional right to reservation benefits. This means that individuals who have availed of reservation benefits because their caste was specified as a Scheduled Caste at that point in time will remain entitled to those benefits throughout their lifetime. The court's reasoning is clear: adopting a contrary interpretation would mean that individuals would suddenly lose the benefits they were promised, which would be 'constitutionally immoral'.

The Gujarat High Court's ruling has significant implications for individuals who have availed of reservation benefits in the past. For instance, employees who were promoted under the Scheduled Caste category may now be entitled to retain those benefits throughout their lifetime, even if Parliament excludes that caste from the SC list. Employers and compliance officers should take note that this ruling may affect the way they handle changes in government policies or legislation affecting reservation benefits. The court's decision highlights the importance of considering the constitutional implications of such changes on individuals who have already availed of reservation benefits.

Lawyers and compliance officers should note that the Gujarat High Court has held that persons born into a caste when it was recognised as a Scheduled Caste will continue to enjoy accrued reservation benefits throughout their lifetime, even if Parliament subsequently excludes that caste from the SC list. This ruling may have implications for individuals who have availed of reservation benefits in the past and are now at risk of losing those benefits due to changes in government policies or legislation.

Source: Original reporting via [Source]