States can't alter Schedule Caste list, rules Supreme Court

Satya Prakash

New Delhi, July 16

Holding that states can’t alter the Schedule Caste List published under Article 341 of the Constitution, the Supreme Court has quashed the Bihar Government’s 2015 decision to merge ‘Tanti-Tantwa’ community from the Extremely Backward Castes list with ‘Pan/Sawasi’ caste in the Scheduled Caste list.

“We have no hesitation in holding that the Resolution dated July 1, 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 July 1, 2015 was only clarificatory is not worth considering for a moment and deserves outright rejection,” a Bench of Justice Vikram Nath and Justice Prashant Kumar Mishra said.

“The Provisions of Article 341 Sub-Clause 1 and Sub-Clause 2 are very clear and discrete. There is no ambiguity or vagueness otherwise requiring any interpretation other than what is mentioned therein. The State of Bihar has tried to read something in order to suit its own ends for whatever reason, we are not commenting on the same,” the Bench said.

“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 Parliament, and not by any other mode or manner,” it said.

On the issue of protecting those members of “Tanti-Tantwa” community who were extended benefit of Scheduled Castes pursuant to the July 1, 2015 Resolution, the top court said the state’s action was mala fide and de hors the constitutional provisions.

“However, as we have found fault with the conduct of the state and not of 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,” it said.

“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 dated July 1, 2015 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 Bench ordered.

“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 a 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, under law on the findings recorded, would be liable to be set aside,” it said.

“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 Parliament. The state knew very well that it had no authority and had accordingly forwarded its request to the Union of India in 2011. The said request was not accepted and returned for further comments/justification/review. Ignoring the same, the state proceeded to issue the circular dated July 1, 2015,” the Bench noted.

“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 or not to include or exclude any caste in the list of Extremely Backward Class would be within the domain of the (State Backward) 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,” it said.