Summary
Bihar could not merge the Tanti-Tantwa community into a Scheduled Castes entry by executive resolution, even by describing the change as clarification of a synonym. Article 341 reserves alteration of the notified list to Parliament by law. The 2015 resolution was quashed; reserved posts occupied under it were to return to the Scheduled Castes quota, while affected appointees were to be accommodated in their original Extremely Backward Classes category.
Issues
- Whether Bihar could treat Tanti-Tantwa as included in the notified Pan, Sawasi, Panr Scheduled Castes entry by executive resolution.
- Whether recommendations of a backward-classes commission authorised that inclusion.
- How appointments and benefits already extended under the resolution should be treated.
Provisions considered
- Articles 341 and 366(24), Constitution of IndiaScheduled Castes status depends on the notified list, which may be altered only by parliamentary law, including changes concerning parts or groups within a caste. The State lacked authority to add Tanti-Tantwa through a purported clarification. (¶¶ 10, 11, 12, 13, 36, 37, 38)
Held
- After specification under Article 341(1), inclusion or exclusion requires a law of Parliament. The prohibition covers castes as well as parts or groups within them; neither an executive notification nor a claim of synonymity can bypass that requirement. (¶¶ 11, 12, 13, 36)
- Tanti-Tantwa was not included in the operative Scheduled Castes entry for Bihar. The State had earlier sought inclusion through the Union but proceeded with its own resolution without parliamentary amendment. Calling this a clarification did not cure its lack of competence. (¶¶ 18, 19, 23, 24, 36)
- The State Backward Classes Commission’s remit concerning Extremely Backward Classes did not authorise alteration of the Scheduled Castes list. Even assuming its recommendation bound the State in its proper field, the State could not implement it contrary to Article 341. (¶ 37)
- The State’s action was found mala fide and unconstitutional; the High Court erred in upholding it. The resolution of 1 July 2015 was quashed. (¶¶ 36, 38, 39, 40, 41)
- Fault lay with the State rather than the individual beneficiaries. Instead of directing termination, recovery or withdrawal of benefits, the Court required the affected posts to return to the Scheduled Castes quota and the Tanti-Tantwa appointees to be accommodated in their original Extremely Backward Classes category through appropriate State measures. (¶¶ 39, 42)
Result
Appeals allowed; resolution dated 1 July 2015 quashed. Scheduled Castes quota posts filled under it to be restored to that category, with affected Tanti-Tantwa candidates accommodated in the Extremely Backward Classes category by appropriate measures.