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3. On the contrary, learned counsels appearing for Respondent No. 7 took us through the circular in question (Anmnexure-1) and argued that in the notification issued by the Central Government i.e. the Presidential list notified by the Central Government for the State of Bihar the caste Pan and Swasi is already notified and included in the category of Scheduled Caste by the Government of India and when a reference was made with regard to the question of Tanti and Tantwa, the State Backward Class Community gave its recommendation and pointed out that the caste Tanti and Tantwa is only a "title", is synonymous with the caste Pan Patna High Court CWJC No.10650 of 2015 dt.03-04-2017 and Swasi already included at Serial No. 20 of the Scheduled Caste list notified by the Central Government and, therefore, their name should be removed from the list of highly Backward Class as they are already covered by the entry made namely, the entry, Pan and Swasi which is a notified Scheduled Caste. Accordingly, it is the case of the respondents that the State Government has not included the caste in the list of Scheduled Caste, on the contrary on the basis of recommendation of the Commission as Tanti and Tantwa which is in fact a title, synonymous of Pan and Swasi, a duly notified Scheduled Caste, the State has only deleted it from the list of Most Backward Class. It is said that the Commission has made its recommendation and as the recommendation of the Commission is binding on the State Government, the State has not committed any error. By taking us through the Circular (Annexure-1) it was argued that the petitioners are misconstruing the same, the State has only taken action for clarifying its position by indicating the correct fact, therefore, no error has been committed warranting consideration.

4. We have heard learned counsel for the parties at length and we have considered the rival contentions.

5. Before adverting to consider the aforesaid aspect of the matter, it may be taken note of that the Bihar State Commission for Backward Class has been created under the provisions of the Patna High Court CWJC No.10650 of 2015 dt.03-04-2017 Bihar State Commission for Backward Classes Act, 1993 (hereinafter referred to as "the Act") and after going through the provisions of the Act it is clear that the function of the Commission is to examine request for inclusion of any class of citizen as a Backward Class, hear complaints of over inclusion or under inclusion in Backward Class and tender its advice to the State Government and sub-section (2) of Section 9 wherein the function of the Commission as indicated hereinabove is contemplated provides that the advice of the Commission shall ordinarily be binding upon the State Government. Section 11 of the Act of 1993 mandates periodical revision of list of Backward Classes by the State Government. It is in pursuance to these provisions of the Act of 1993 that the question of complaints made with regard to including Tanti and Tantwa in the list of higher Backward Class was referred to the Commission and the Commission submitted its report after conducting elaborate enquiry into the matter. The Commission after due deliberation in its report submitted, as is evident from the counter affidavit filed by the Respondent Nos. 1 to 3 that Pan and Tanti (Tantwa) is the same caste and not a different caste. The social conditions and cultural background of these two communities are the same. It was also recommended and confirmed by the Committee that Tanti (Tantwa) is merely a title and the Commission opined that on the basis of a title one cannot be Patna High Court CWJC No.10650 of 2015 dt.03-04-2017 deprived of the Constitutional rights available to him. In its communication No. 31A dated 02.02.2015 the Committee made a recommendation to the effect that in view of this, entry made at Serial No. 33 of the State List depicting Tanti (Tantwa) as an Extremely Backward Class be deleted as they are already a Scheduled Caste notified in the Presidential order and with a view to enable them to reap the benefit of this status the recommendation was made. The Committee‟s report has also studied various factors in this regard and it has come to the conclusion that Pan/Swasi and Tanti are synonymous word and they come in the weaver community. It was after taking note of these recommendations of the Committee that the State Government took a decision to delete the name of Tanti (Tantwa) from the list of Extremely Backward Class so that they can get the benefit of Caste Certificate in the category of Pan/Swasi. It is in the backdrop of the aforesaid that the impugned notification was issued by the State Government.

6. There is no dispute in accepting the proposition put forth by learned counsel for the petitioners that the State Government does not have the power to include a Scheduled Caste or a Scheduled Tribe community in the order specifying the aforesaid categories in the Presidential order. It can only be done by the Government of India in view of the mandate of Article 341 (2) of the Constitution read Patna High Court CWJC No.10650 of 2015 dt.03-04-2017 along with the Constitution Scheduled Caste Orders as amended from time to time. To that effect, we see no difficulty in accepting the proposition of the petitioners. However, on a perusal of the Circular (Annexure-1) it is seen that the State Government has only directed for removal of Tanti and Tantwa community from the list of Most Backward Classes as notified for the State of Bihar in view of the fact that it is synonymous to Pan and Swasi, only a title, is a notified Scheduled Caste, already notified by the Central Government way back in the year 1978 and 1997. It is seen that finding Pan and Swasi to be already notified as Scheduled Caste in the State of Bihar as per the Constitution Scheduled Caste Order 1950 and Tanti and Tantwa to be erroneously notified as belonging to other Backward Classes in the State of Bihar, it being a title only synonymous to the categories Pan and Swasi already notified by the Central Government, keeping in view the recommendation of the Commission the Circular in question has been issued. It is a case where the State Government has not amended the list of Scheduled Caste as notified by the Union but it has only deleted a particular entry namely Tanti and Tantwa from the list of other Backward Class and it is found that as they are synonymous with Pan and Swasi which is a notified Scheduled Caste, therefore, their name should be deleted from the State list of highly Backward Class so that they get the benefit of the Scheduled Caste Patna High Court CWJC No.10650 of 2015 dt.03-04-2017 category notified by the Union Government. That in sum and substance is the import of the circular in question and that being the position, we see no reason to make any indulgence into the matter.