R.N. Sahay, J. -A direct conflict between two sets of decisions of this Court on the interpretation of the Presidential Order issued under Article 342 of the Constitution has necessitated this reference to Full Bench. The significant question for consideration is as to whether the members of 'Lohar' caste in the State of Bihar, who are admittedly 'backward class' have right to claim the privileges available to the members of 'scheduled tribe' by virtue of the Presidential Order.

2. Article 366(25) defines 'Schedule Tribe' -which means :

"such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution."

Under Article 342 of the Constitution of India it is provided as follows: -

"Scheduled Tribes: 1. The President may with respect to any State or Union territory and where it is a State after consultation with the Governor thereof, by public notification specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that Sta