State Government had no authority to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution: Supreme Court

On July 15, 2024 (Monday), the Supreme Court (SC) of India was hearing the Dr. Bhim Rao Ambedkar Vichar Manch Bihar, Patna vs. The State of Bihar & Ors. case in which the Patna High Court’s order was challenged that upheld the 2015 notification by the Bihar Government. The notification was passed on July 01, 2015, stating that in the list of Extremely Backward Classes published under the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991, the caste ‘Tanti-Tantwa’ be deleted and be merged in the Scheduled Castes list with the caste 'Pan/Sawasi' so that they could get benefit of the Scheduled Castes. The bench constituting Justice Vikram Nath and Justice Prashant Kumar Mishra struck down the 2015 resolution notified by the Bihar Government stating it as ‘patently illegal, and erroneous’.  Further, the Court held that the State Government had no competence/authority/power to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution. 

The SC observed, “The State may be justified in deleting ‘Tanti-Tantwa’ from the Extremely Backward Classes list on the recommendation of the State Backward Commission, but beyond that to merge ‘Tanti-Tantwa’ with 'Pan, Sawasi, Panr' under Entry 20 of the list of Scheduled Castes was nothing short of mala fide exercise for whatever good, bad or indifferent reasons, the State may have thought at that moment. Whether synonymous or not, any inclusion or exclusion of any caste, race or tribe or part of or group within the castes, races or tribes has to be, by law made by the Parliament, and not by any other mode or manner.” After hearing the matter from both sides, the bench illustrated, “Having considered the submissions advanced, we have no hesitation in holding that the Resolution dated 01.07.2015 was patently illegal, erroneous as the State Government had no competence/authority/power to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution. The submission of the respondent State that Resolution dated 01.07.2015 was only clarificatory is not worth considering for a moment and deserves outright rejection. Whether or not it was synonymous or integral part of the Entry-20 of the lists of Schedule Castes, it could not have been added without any law being made by the Parliament.”

During the proceedings, the SC bench opined, “In the present case, the action of the State is found to be mala fide and de hors the constitutional provisions. The State cannot be pardoned for the mischief done by it. Depriving the members of the Scheduled Castes covered by the lists under Article 341 of the Constitution is a serious issue. Any person not deserving and not covered by such list if extended such benefit for deliberate and mischievous reasons by the State, cannot take away the benefit of the members of the Scheduled Castes. Such appointments would under law on the findings recorded would be liable to be set aside.” It was also observed that neither the Central Government nor the President could make any amendments or changes to the notification issued, specifying the castes concerning the States or Union territory. Moreover, the bench clarified that the State has no authority to accept the recommendation for Extremely Backward Classes to include the Extremely Backward Classes Community in SC Lists. It said, “The Commission would have no jurisdiction to make recommendation with respect to any caste being included in the Scheduled Castes lists and, even if it makes such a recommendation, right or wrong, the State has no authority to proceed to implement the same when it was fully aware that the Constitution does not permit it to do so.”

Lastly, the SC concluded, “We are of the view that all such posts of the Scheduled Castes reserved quota which have been extended to the members of the ‘Tanti-Tantwa’ community appointed subsequent to the Resolution…be returned to the Scheduled Castes Quota and all such members of the ‘Tanti-Tantwa’ community, who have been extended such benefit may be accommodated under their original category of Extremely Backward Classes, for which the State may take appropriate measures.” The appeals were allowed and the impugned resolution was quashed. The Bench also directed that such posts of the Scheduled Castes Quota which had been filled up by members of the “Tanti-Tantwa” community availing benefits based on the July 2015 Resolution should be returned to the Scheduled Castes (SC) category and such candidates of the “Tanti-Tantwa” community be accommodated by the State in their original category of Extremely Backward Classes by taking appropriate measures.