Says state government has no authority to tinker with SC list under Article 341 The Supreme Court Monday ruled states cannot make changes to the Scheduled Caste list published under Article 341 of the Constitution and quashed the 2015 Bihar government notification categorising Tanti-Tantwa community as Scheduled Caste. A bench of Justices Vikram Nath and Prashant Kumar said the Patna High Court had made a “serious error by upholding the…notification on a completely wrong premise without referring to Article 341 of the Constitution”. The court said the state government had no competence or authority to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution ans directed the group be reverted to its original category of Extremely Backward Class. It called the notification “mala fide” and unpardonable “mischief”. The bench “further directed such posts of the Scheduled Castes quota which had been filled up by members of Tanti-Tantwa community availing of benefit on the basis of resolution dated 01.07.2015 may be returned to Scheduled Castes category and such candidates of Tanti-Tantwa community be accommodated by the state in their original category of Extremely Backward Classes”. The SC said, “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.” However, the court said as it did not find fault with any individual member of the Tanti-Tantwa community, “we do not wish to direct that their services may be terminated or that recovery may be made for illegal appointments or withdrawal of other benefits which may have been extended”. The Scheduled Castes list specified under the notification under Clause-1 can be amended or altered only by a law made by the Parliament, the SC bench said. As per Article 341 neither the central government, nor the President can make any amendments or changes in the notification issued under Clause-1 without a law made by the Parliament, specifying the castes in relation to the states or UT, as the case may be, it said.

“We are of the view all such posts of the Scheduled Castes reserved quota which have been extended to 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,” the court said. The Bihar Legislature had enacted the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 (Act No.3 of 1992). Under the Act, it had declared the lists of Extremely Backward Classes and at serial number 33, Tanti-Tantwa was shown as falling under the Extremely Backward Classes. In 2011, Bihar government had recommended inclusion of Tanti-Tantwa in the list of SCs as a synonym of “Pan, Sawasi, Panr”. The said proposal was examined as per settled modalities in consultation with the Registrar General of India, who did not support the proposal but the state government went ahead and passed a resolution on July 1, 2015.