State can't tinker with Scheduled Caste list: Supreme Court quashes Bihar's decision to classify Tanti-Tantwa as SC

The Supreme Court has set-aside the Bihar government's decision to remove the Tanti-Tantwa caste from a list of Extremely Backward Classes to merge it with the Pan/ Sawasi caste in the Schedule Caste list [Dr. Bhim Rao Ambedkar Vichar Manch Bihar, Patna and anr v. The State of Bihar and Ors]..The Bench of Justices Vikram Nath and Prashant Kumar Mishra held that the State government had no authority to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution of India.“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," the Court said, in its July 15 judgment..The Tanti-Tantwa community had been included by the Bihar government earlier as an Extremely Backward Classes under the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991.On July 1, 2015, the State government passed a resolution allowing the merger of the Tanti-Tantwa community in the Schedule Caste list so that the benefits available to Schedule Castes could be extended to such persons. This was based on a recommendation by the State Commission for Backward Classes. This decision was upheld by the Patna High Court in 2017. It was then challenged before the Supreme Court by way of two appeals. .The State defended its move by arguing that the 2015 Resolution was only clarificatory and that, going by socio-historical factors, both the Tanti-Tantwa and Pan-Sawasi (already part of the notified Scheduled Castes) should be treated synonymously.However, the Court rejected this stance and said that any inclusion of the Tanti-Tantwa in the Scheduled Caste list could only have been done through a law passed by Parliament."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 Court said.It, therefore, set aside the State government's July 2015 resolution.However, the Court expressed that there was no fault on the part of members of the Tanti-Tantwa community who had secured jobs through the Scheduled Caste (SC) quota after the passage of the 2015 resolution.The fault lay with the State's conduct and not individuals belonging to the Tanti-Tantwa community, the Court said.Therefore, it directed that any Tanti-Tantwa members who secured jobs through the SC quota must be allocated alternative posts earmarked for Extremely Backward Classes."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 Court clarified, while allowing the appeals..Senior Advocate Indira Jaising appeared for the appellants. Senior Advocate Ranjeet Kumar represented the State of Bihar.Senior Advocates Salman Khurshid, Rakesh Dwivedi and V Giri appeared for intervenors.Additional Solicitor General Aishwarya Bhati appeared for the Union of India..[Read Judgment]