Supreme Court Issues Notice In Plea Against Bihar's 2015 Decision To Delete Tanti/Tatwa From Extremely Backward Class & Including In Schedule Caste

Supreme Court on Monday issued notice in a plea filed challenging the Bihar Government's 2015 decision declaring Tanti/Tatwa, an extremely backward class as synonyms to Paan/Sawasi, which is in the list of Schedule Caste, and further deleting Tanti/Tatwa from the list of Extremely Backward Class.

While issuing notice in the special leave petition, a Bench comprising Justice Abdul Nazeer and Justice Krishna Murari has directed that all appointments will be subject to the outcome of these proceedings.

The present special leave petition has challenged the order dated 17th September 2021 passed by Patna High Court on grounds that the Division Bench without considering the merits of the matter and subsequent developments, admitted the matter to be heard after the connected cases are decided by Supreme Court (challenging the same notification).

The petitioner had moved the High Court challenging the existence and operation of Bihar government's resolution dated 01.07.2015, along with the issuance of Schedule Caste certificate in favour of the community of Tanti/Tatwa as Paan/Sawasi.

As an Interim relief before the top court, the petitioner has sought an ad interim ex-parte stay on the operation of the resolution/circular dated 01.07.2015 issued by the State of Bihar, and directions to Respondents not to further issue schedule caste certificates to Tanti/Tatwa till the disposal of this petition.

A further ad interim ex-parte order has been sought to restrain the Respondents from issuing any further resolution or circular pertaining to the controversy involved in the present matter.

The petitioner has stated that in the State of Bihar, those belonging to the community of Tanti/Tatwa (EBC) are seeking benefit as Schedule Caste on account of the impugned resolution, at the entry level as well as under promotions.

"Member/People of Tanti/Tatwa already occupying seat as EBC, are now seeking reservation benefit as Schedule Caste in terms of the impugned resolution, which cannot be allowed by any stretch of the imagination. The same is violative of Article 16(4A) and 4(B) of the Indian Constitution," the plea said.

The petitioner has argued that by the issuance of the said resolution undue benefit is being given to the community of Tanti/Tatwa by categorizing them under Paan/Sawasi which are schedule caste, on the basis of the fact that Paan/Sawasi are synonym caste.

Further, it has been argued that the certificates issued and status of Tanti/Tatwa as Schedule caste should be quashed, as community of Tanti/Tatwa are misusing the said resolutions in order to take undue benefit and causing huge loss to the community of Schedule Caste.

The petition has stated that the Constitution itself provides the procedure by which the Scheduled Castes in terms of Article 341 have to be specified by notification, and it categorically rejects any other method to specify or notify such Scheduled Caste

It has been argued that by no stretch of imagination can the State Government classify a person belonging to the list of Extremely Backward Caste be treated as synonymous or equivalent to Pan/Swasi, which are covered under the Schedule Caste list.

According to the petitioner, it is wrong on the part of the State government to identify equivalents or synonyms castes, races or tribes for being treated as castes, races or tribes which are declared as Scheduled Castes under the Presidential Order issued under Article 341 of the Indian Constitution.

"The State government cannot be permitted to usurp the exclusive jurisdiction conferred upon the parliament to include or exclude from the list of such castes or tribes included in the Presidential order," the plea has stated.

The petitioners were represented through Senior Advocate Indira Jaising, and Advocates Deepak Jain, Jaspreet Aulakh, Adv K.B. Pradeep, Tanpreet Gulati and Vaibhav Manu Srivastava. 

Case Title: Ashish Rajak vs State of Bihar & Ors 

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