The State defended its move by arguing that the 2015 Resolution was only clarificatory and that, going by socio-historical factors, both the Tanti-Tantwa and Pan-Sawasi (already part of the notified Scheduled Castes) should be treated synonymously.
However, the Court rejected this stance and said that any inclusion of the Tanti-Tantwa in the Scheduled Caste list could only have been done through a law passed by Parliament.
“We have no hesitation in holding that the Resolution dated 01.07.2015 was patently illegal, erroneous as the State Government had no competence/ authority/ power to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution,” the Court said.
It, therefore, set aside the State government’s July 2015 resolution.
However, the Court expressed that there was no fault on the part of members of the Tanti-Tantwa community who had secured jobs through the Scheduled Caste (SC) quota after the passage of the 2015 resolution.
The fault lay with the State’s conduct and not individuals belonging to the Tanti-Tantwa community, the Court said.
Therefore, it directed that any Tanti-Tantwa members who secured jobs through the SC quota must be allocated alternative posts earmarked for Extremely Backward Classes.
“We do not wish to direct that their services may be terminated or that recovery may be made for illegal appointments or withdrawal of other benefits which may have been extended,” the Court clarified, while allowing the appeals.
Source: Barandbench
