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Supreme Court of India 2024-07-15 allowed

MANCH BIHAR, PATNA vs THE STATE OF BIHAR & ORS

Bench: 2 — Vikram Nath, Prashant Kumar Mishra

In Brief

The Supreme Court quashed a 2015 Bihar Government Resolution that merged the 'Tanti-Tantwa' caste (originally listed as Extremely Backward Class) into the Scheduled Castes list as a variant of 'Pan/Sawasi'. The Court held that only Parliament, not individual States, can amend Scheduled Castes lists under Article 341 of the Constitution. Although 'Tanti-Tantwa' may be historically related to 'Pan/Sawasi', such relationship is irrelevant to constitutional amendment procedures. The State's prior request to include 'Tanti-Tantwa' in Scheduled Castes, rejected by Union of India in 2013, demonstrated the State knew it lacked authority. Accordingly, posts filled by 'Tanti-Tantwa' members under the illegal Resolution must revert to Scheduled Castes quota, and such members be accommodated in their original Extremely Backward Classes category without loss of service."

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Constitutional Law Scheduled Castes Social Justice Reservation Administrative Law

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