Supreme Court Refuses To Entertain Plea Challenging Bihar Circulars Of Altering Schedule Caste List

The Supreme Court today refused to entertain a plea seeking quashing of circulars dated May 16, 2014 and July 1, 2015 ("impugned circulars") issued by the State of Bihar by which the State had altered the Schedule Caste list.

The State of Bihar on May 16, 2014 had issued a circular in which it had included the caste 'Khatwe' (at serial no. 19 of Central list of Other Backward Class (OBCs)) to caste 'Chaupal' (at serial no. 7 of the Central List of Scheduled Caste (SCs).

On July 1, 2015 the State of Bihar had issued another circular attempting to include the caste 'Tanti/Tatwa' (at serial no. 48 of Central list of Other Backward Class (OBCs)) in the caste of 'Pan/Swasi' (at serial no 20 of Central list of Scheduled Caste (SCs)).

The bench of Justices S Abdul Nazeer and Krishna Murari while dismissing the petition as withdrawn asked the petitioners to approach the High Court.

It was argued in the writ petition that by operation of the impugned circulars, government of Bihar was issuing Schedule Caste certificates to the OBC candidates belonging from Khatwe and Tanti/Tantwa caste.

"This is in complete violation of the provisions of the Constitution of India and various judgments of the Hon'ble Supreme Court, wherein this Hon'ble Court from time to time has held that any modification in the Scheduled Caste list can be made only by an act of parliament. In the present case, no modification/amend/alter has been done by the parliament with regard to 'Khatwa' and 'Tanti/Tatwa' caste," the petition stated.

Filed by Youth For Dalit Adivasi Right, the petition soiught the relief of staying issuance of SC certificate to community of Khatwe by the government authorities in the name of 'Chaupal' and to the community of 'Tanti/Tatwa' in name of 'Pan/Swasi'was also sought.

The petitioner had also sought for issuance of directions to cancel the Schedule Caste Certificates issued to the caste Tanti/Tantwa and 'Khatwe' in terms of the impugned circulars.

It was stated in the petition that although the circular dated July 1, 2015 was challenged before the High Court of Bihar at Patna by 'Bhim Dr. Bhim Rao Ambedkar Vichar Manch Bihar Patna', but the High Court upheld the same on April 3, 2017. Further the petition also said that the High Court of Bihar erred in upholding the circular's validity and failed to consider that deleting Tanti/Tatwa from Other Backward Class list and including it in the Pan/Swasi of Schedule Caste list has the effect of amending by the act of Parliament only, thereby violating the constitutional provisions.

"Therefore, the contention by the State of Bihar that they have only deleted an entry from the State list and validating the circular is in itself unconstitutional and legally not tenable," petition stated.

The petitioners had also argued that the State of Bihar acted in contravention of Article 341 of the Constitution of India and that issuance of caste certificate to non members of Schedule caste would tantamount to modification of list of SC which is unconstitutional.

"It is not open to the State Government or any other authorities to modify, amend or alter the list of Schedule Caste. Such power rests with the parliament alone," petition also stated.

The petition was drawn by Advocate(s) Anupradha Singh and Imsori Amri and filed by Advocate Amiy Shukla.

Case Title: Youth For Dalit Adivasi Right v State of Bihar & Ors| W.P.(C) No. 942/2021

Click Here To Read/Download Order