Constitution of India – Art. 341 – Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 – Scheduled Castes list – Merging of caste “Tanti-Tantwa” with the caste ‘Pan/Sawasi’ – Resolution passed by the State Government based upon the recommendations by the State Backward Commission – In the list of Extremely Backward Classes, the “Tanti-Tantwa” caste be merged in the Scheduled Castes list with the caste ‘Pan/Sawasi’ mentioned at Serial No. Entry 20 so that they could get benefits of the Scheduled Castes – Legality:

Held: Resolution dated 01.07.2015 is illegal, erroneous as the State Government had no competence/authority/power to tinker with the lists of Scheduled Castes published u/Art. 341 – State may be justified in deleting “Tanti-Tantwa” from the Extremely Backward Classes list on the recommendation of the State Backward Commission, but to merge “Tanti-Tantwa” with ‘Pan, Sawasi, Panr’ under Entry 20 of the list of Scheduled Castes was a mala fide exercise – 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 – Whether or not to include or  exclude any caste in the list of Extremely Backward Class would be within the domain of the Commission – 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 – Provisions of Art. 341 sub-clause 1 and 2 are very clear and discrete – There is no ambiguity or vagueness otherwise requiring any interpretation other than what is mentioned therein – State of Bihar tried to read something in order to suit its own ends for whatever reason – Thus, the High Court erred in upholding the said Notification – Impugned Resolution dated 01.07.2015 is quashed – As regards protecting those Members of “Tanti-Tantwa” community who were extended benefit of Scheduled Castes pursuant to the Resolution, the action of the State is found to be mala fide and de hors the constitutional provisions – State cannot be pardoned for the mischief done by it – 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 – However, fault is of the State and not of any individual member of the “Tanti-Tantwa” community – As such issuance of direction that such posts of the Scheduled Castes Quota which had been filled up by members of “Tanti-Tantwa” community availing benefit on the basis of Resolution may be returned to the Scheduled Castes category and such candidates of “Tanti-Tantwa” community be accommodated by the State in their original category of Extremely Backward Classes. [Paras 36-39, 41, 42]