2024 Supreme(SC) 596

SUPREME COURT OF INDIA
VIKRAM NATH, PRASHANT KUMAR MISHRA, JJ.
Dr. Bhim Rao Ambedkar Vichar Manch Bihar – Appellants
Versus
The State of Bihar & Ors. – Respondents
Civil Appeal No. 18802 of 2017
With
Ashish Rajak – Appellant
Versus
The State of Bihar & Ors. – Respondents
Civil Appeal No. 7793 of 2024 (Arising out of SLP(Civil) No. 18294 of 2021)
Decided on : 15-07-2024

IMPORTANT POINT
Neither Central Government, nor President can make any amendments or changes in notification issued under Clause-1 of Article 341 specifying castes in relation to States or Union territory, as the case may be.

Headnote:

(A) Constitution of India – Articles 341 and 366(24) – Constitution (Scheduled Castes) Order, 1950 – Merger of “Tanti-Tantwa” caste with 'Pan/Sawasi' caste in Scheduled Castes list – Neither Central Government, nor President can make any amendments or changes in notification issued under Clause-1 of Article 341 specifying castes in relation to States or Union territory, as the case may be – Article 341 does not deal with merely castes, races or tribes but also parts of or groups within castes, races or tribes and if any change is to be made with respect to inclusion or exclusion not only of any caste, race or tribe but also of a part of or group within any of caste, race or tribe same has to be done by law made by Parliament. (Paras 12 and 13)

(B) Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 – Schedule 1 – Constitution of India – Articles 341 and 366(24) – Constitution (Scheduled Castes) Order, 1950 – Bihar State Commission for Backward Classes Act, 1993 – Sections 10 and 11 – Merger of “Tanti-Tantwa” caste with 'Pan/Sawasi' caste in Scheduled Castes list – Resolution dated 01.07.2015 was patently illegal, erroneous as State Government had no competence/ authority/power to tinker with lists of Scheduled Castes published under Article 341 of Constitution – Whether or not it was synonymous or integral part of Entry-20 of lists of Schedule Castes, it could not have been added without any law being made by Parliament – State may be justified in deleting “Tanti-Tantwa” from Extremely Backward Classes list on recommendation of State Backward Commission, but beyond that to merge “Tanti-Tantwa” with 'Pan, Sawasi, Panr' under Entry 20 of list of Scheduled Castes was nothing short of mala fide exercise for whatever good, bad or indifferent reasons, 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 castes, races or tribes has to be, by law made by Parliament and not by any other mode or manner – Whether or not to include or exclude any caste in list of Extremely Backward Class would be within domain of Commission – Commission would have no jurisdiction to make recommendation with respect to any caste being included in Scheduled Castes lists and, even if it makes such recommendation, right or wrong, State has no authority to proceed to implement the same – Impugned Resolution dated 01.07.2015 quashed – Such posts of Scheduled Castes Quota which had been filled up by members of “Tanti-Tantwa” community availing 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 State in their original category of Extremely Backward Classes by taking appropriate measures. (Paras 36, 41 and 42)

(C) Service Law – Appointment – Reservation – Members of “Tanti-Tantwa” community were extended benefit of Scheduled Castes pursuant to Resolution dated 01.07.2015 – Action of State is found to be mala fide and de hors constitutional provisions – State cannot be pardoned for mischief done by it – Depriving members of Scheduled Castes covered by lists under Article 341 of 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 State, cannot take away benefit of members of Scheduled Castes – Such appointments would under law on findings recorded would be liable to be set aside – However, as Court has found fault with conduct of State and not of any individual member of “Tanti-Tantwa” community, Court 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. (Para 39)

Facts of the case:

These two appeals assail the correctness of Judgment and Order dated 3rd April, 2017 passed by Division Bench of the Patna High Court whereby a group of four (4) writ petitions and one Letters Patent Appeal were decided by a common judgment dismissing all the five cases. Challenge in writ petitions and the appeal before the Division Bench of the High Court was to a Notification dated 1st July, 2015, whereby State Government had passed a resolution based upon consideration of recommendations by State Backward Commission which had recommended that in list of Extremely Backward Classes published under Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991, caste “Tanti-Tantwa” recorded at Serial No.33 be deleted and the said “Tanti-Tantwa” be merged in Scheduled Castes list with the caste 'Pan/Sawasi' mentioned at Serial No.20 so that they could get benefit of Scheduled Castes.

Findings of Court:

High Court fell in serious error in upholding said Notification on a completely wrong premise without referring to Article 341 of Constitution.

Result : Appeals allowed.