The Supreme Court has delivered a significant judgement impacting the Tanti-Tantwa community’s Scheduled Castes status. The resolution in question has been quashed, ensuring adherence to constitutional provisions for the upliftment of marginalized communities.
Facts
- The order of the High Court dated 3 April, 2017 is being challenged in the present two appeals.
- Application(s) for intervention/impleadment have been allowed.
- The challenge in the writ petitions and the LPA was to a Notification dated 1 July, 2015, where the State Government merged ‘Tanti-Tantwa’ with ‘Pan/Sawasi’ in the Scheduled Castes list.
- The challenge was based on the State Government’s authority to add a caste to the Scheduled Castes list, which can only be done by Parliament.
- The State of Bihar argued that ‘Tanti-Tantwa’ and ‘Pan/Sawasi’ were the same, with ‘Tanti-Tantwa’ having a special title within ‘Pan/Sawasi’, and the Notification was a clarification rather than an alteration.
- The High Court accepted the State’s argument and dismissed the writ petitions and LPA.
- The correctness of the High Court’s judgment is challenged in these appeals.
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Issue
- The Constitution of India provides guidelines for the preparation of lists for Scheduled Castes for different States.
- The Constitution also provides provisions for the Backward Classes for every State.
- These provisions aim to ensure representation and upliftment of marginalized communities in each State.
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Arguments
- The Court referenced an order dated 22.11.2021 in the appeal filed by Ashish Rajak, stating that all appointments are subject to the outcome of these proceedings.
- Members of the ‘Tanti-Tantwa’ community may receive benefits under the Extremely Backward Classes by the State of Bihar.
- Individuals from the ‘Tanti-Tantwa’ community who have unlawfully benefited under the State’s actions should not be permitted to retain reserved seats for Scheduled Caste based on a Resolution dated 01.07.2015.
- The respondent argued that they have no objection to not recovering from the beneficiaries of illegal appointments under the Extremely Backward Class quota/reservation.
- They emphasize that candidates benefiting from illegal appointments should not be allowed to withhold seats reserved for Scheduled Castes; those seats must be returned to the Scheduled Castes only.
- The State of Bihar defended the resolution of 01.07.2015 as clarificatory, stating it is based on statutory and socio-historical factors considering ‘Tanti- Tantwa’ as synonymous with ‘Pan, Sawasi’.
- The State acted on the recommendation of the State Commission for Extremely Backward Classes, dated 02.02.2015, according to the respondent.
- The socio-historical factors and other statutory provisions considered by the Commission while making the recommendation were highlighted by the State in defense of the resolution.
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Analysis
- Article 341 of the Constitution empowers the President to specify Scheduled Castes for each State or Union Territory through a public notification.
- The Parliament has the authority to include or exclude any caste, race, or tribe from the list of Scheduled Castes specified in the notification issued by the President.
- Once a notification is issued under Article 341, it can only be altered or modified by a law made by Parliament.
- The President or Central Government does not have the power to make amendments to the notification issued under Article 341.
- The entries in the Presidential Order of 1950 and subsequent amendments made by Parliament play a crucial role in determining the Scheduled Castes for each State or Union Territory.
- The Resolution dated 01.07.2015 was deemed illegal and erroneous as the State Government lacked the authority to modify the Scheduled Castes list.
- The State failed to follow the guidelines under Article 341 of the Constitution.
- The State’s attempt to merge ‘Tanti-Tantwa’ with ‘Pan, Sawasi, Panr’ in the Scheduled Castes list was considered a mala fide action.
- The National Commission for Backward Classes recommended the deletion of ‘Tanti-Tantwa’ from the list of Backward Classes.
- The Ministry of Social Justice and Empowerment opposed the inclusion of ‘Tanti-Tantwa’ as a Scheduled Caste, citing the lack of support from the Registrar General of India.
- The State of Bihar continued issuing Scheduled Castes Certificates to ‘Tanti-Tantwa’ members despite directives against it.
- The State’s proposal to include ‘Tanti-Tantwa’ as a synonym of ‘Pan, Sawasi, Panr’ was rejected multiple times by the Central Government.
- The Union of India supported the appeal to quash the Resolution dated 01.07.2015.
- The matter of protecting benefits granted to ‘Tanti-Tantwa’ members was contested, with the Union of India recommending against it.
- The State Commission’s recommendations were deemed not fully binding on the State regarding Scheduled Castes decisions.
- Members of the Scheduled Castes cannot be deprived of their benefits due to the mischief of the State.
- The State’s actions in extending benefits to undeserving individuals for deliberate reasons is mala fide and unconstitutional.
- The fault lies with the State and not individual members of the community in question.
- No termination of services or recovery for illegal appointments is directed towards individual members.
- Appointments found to be mala fide and against constitutional provisions may be set aside.
- Depriving Scheduled Castes members listed under Article 341 of the Constitution of their benefits is a serious issue.
Decision
- Posts of the Scheduled Castes Quota filled by members of the “Tanti-Tantwa” community to be returned to Scheduled Castes Quota.
- Members of the “Tanti-Tantwa” community who benefitted from the Resolution dated 01.07.2015 to be accommodated under their original category of Extremely Backward Classes.
- Impugned Resolution dated 01.07.2015 is quashed.
- Those availing benefits under the Resolution dated 01.07.2015 to be returned to the Scheduled Castes category.
Case Title: DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR PATNA Vs. THE STATE OF BIHAR (2024 INSC 528)
Case Number: C.A. No.-018802-018802 – 2017
