Only Parliament can amend the Schedule to the Order to include or exclude a caste from the list of Scheduled Castes.

G. C. Bharuka, J. - The present writ application has been filed by the petitioner for issuance of a writ or direction commanding the respondents to take admission of the petitioner in M. B. B. S. course in any medical college in Bihar by treating her as belonging to the scheduled caste (Pan) as enumerated in Part III of the Schedule to the Constitution (Scheduled Castes) Order, 1950 (hereinafter to be referred to as 'the Order' only) as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (hereinafter to he referred to as 'the Act' only).

2. The petitioner, as stated on affidavit, is Tatwa-Tanti (Pan) by caste. According to the petitioner the weavers are commonly known as Tanti (Tatwa) in the State of Bihar. But in fact they belong to the caste 'Pan'. It has been submitted that since. 'Pan' is a scheduled caste under the Order, therefore, the petitioner is entitled to all the benefits of reservation as a member of the scheduled castes. The Order has been framed by the President of India under Article 341 of the Constitution Article 341 of the Constitution of India reads as under:

341 (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 castes, races or tribes of parts of or groups within castes, races or tribes which shall for the purpose of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe, or pan of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

3. Subsequently, as provided under Article 341 (2) of the Constitution of India, quoted above, the Parliament made amendments to t he said Order. Part III of the Schedule of the Order relates to the State of Bihar and item no. 20 thereof is as follows:

20. Pan Sawasi.

4. Since in the Order Tanti (Tatwa) has not been mentioned as one of the Scheduled Caste, therefore the State Government under its resolution dated 10-11-1978 placed it in the category of “Other Backward Categories" (Annexure-2).

5. It appears that to resolve a controversy as to whether the member of the caste Tanti (Tatwa) are also 'Pan' within the meaning of the Order, the matter was referred by the Bihar Legislative Assembly to the Scheduled Castes and Scheduled Tribes Welfare Committee. The report of the said Committee as contained in Annexure 4' was placed before the Assembly on 25-3-1982. According to this report Pan and Tanti are of the same origin. From Annexure-3, which is a letter written by the Joint Secretary, Department of Personnel and Administrative Reforms to the Under Secretary, Bihar Legislative Assembly, it appears that in certain other connection the Government had asked for a report from the Bihar Tribal Welfare Research Institute and in the report of the said Research Institute there is a reference in respect of 'Pan' caste as well. It is also mentioned in the letter (Annexure 3) that though the Government has accepted the report but the Personnel Department is not in a position to give any opinion on the issue relating to 'Pan' caste.

6. On the basis of the aforesaid letter (Annexure 3) of the Personnel Department, it has been submitted by Mr. Mukhopadhya that now the Tanti should be accepted as belonging to the caste 'Pan' and, accordingly, by treating the petitioner as a member of the scheduled caste she should be given the benefit of reservation in admission to the courses in question.

7. On the other hand a counter affidavit has been filed by the Secretary in the Department of Personnel and Administrative Reforms wherein it has been stated that admittedly Tanti (Tatwa) has not been included in the Schedule to the O