JUDGMENT G. C. Bharuka, J. - The present writ application has been filed by the petitioner for issuance of a writ or direction commanding the respondents to take admission of the petitioner in M. B. B. S. course in any medical college in Bihar by treating her as belonging to the scheduled caste (Pan) as enumerated in Part III of the Schedule to the Constitution (Scheduled Castes) Order, 1950 (hereinafter to be referred to as 'the Order' only) as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (hereinafter to he referred to as 'the Act' only). 2. The petitioner, as stated on affidavit, is Tatwa-Tanti (Pan) by caste. According to the petitioner the weavers are commonly known as Tanti (Tatwa) in the State of Bihar. But in fact they belong to the caste 'Pan'. It has been submitted that since. 'Pan' is a scheduled caste under the Order, therefore, the petitioner is entitled to all the benefits of reservation as a member of the scheduled castes. The Order has been framed by the President of India under Article 341 of the Constitution Article 341 of the Constitution of India reads as under: 341 (1) The President may, with respect to any State or Union Territory, and where it is a State after consultation with the Governor thereof by public notification, specify the castes, races or tribes of parts of or groups within castes, races or tribes which shall for the purpose of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe, or pan of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. 3. Subsequently, as provided under Article 341 (2) of the Constitution of India, quoted above, the Parliament made amendments to t he said Order. Part III of the Schedule of the Order relates to the State of Bihar and item no. 20 thereof is as follows: 20. Pan Sawasi. 4. 3. Subsequently, as provided under Article 341 (2) of the Constitution of India, quoted above, the Parliament made amendments to t he said Order. Part III of the Schedule of the Order relates to the State of Bihar and item no. 20 thereof is as follows: 20. Pan Sawasi. 4. Since in the Order Tanti (Tatwa) has not been mentioned as one of the Scheduled Caste, therefore the State Government under its resolution dated 10-11-1978 placed it in the category of “Other Backward Categories" (Annexure-2). 5. It appears that to resolve a controversy as to whether the member of the caste Tanti (Tatwa) are also 'Pan' within the meaning of the Order, the matter was referred by the Bihar Legislative Assembly to the Scheduled Castes and Scheduled Tribes Welfare Committee. The report of the said Committee as contained in Annexure 4' was placed before the Assembly on 25-3-1982. According to this report Pan and Tanti are of the same origin. From Annexure-3, which is a letter written by the Joint Secretary, Department of Personnel and Administrative Reforms to the Under Secretary, Bihar Legislative Assembly, it appears that in certain other connection the Government had asked for a report from the Bihar Tribal Welfare Research Institute and in the report of the said Research Institute there is a reference in respect of 'Pan' caste as well. It is also mentioned in the letter (Annexure 3) that though the Government has accepted the report but the Personnel Department is not in a position to give any opinion on the issue relating to 'Pan' caste. 6. On the basis of the aforesaid letter (Annexure 3) of the Personnel Department, it has been submitted by Mr. Mukhopadhya that now the Tanti should be accepted as belonging to the caste 'Pan' and, accordingly, by treating the petitioner as a member of the scheduled caste she should be given the benefit of reservation in admission to the courses in question. 7. Mukhopadhya that now the Tanti should be accepted as belonging to the caste 'Pan' and, accordingly, by treating the petitioner as a member of the scheduled caste she should be given the benefit of reservation in admission to the courses in question. 7. On the other hand a counter affidavit has been filed by the Secretary in the Department of Personnel and Administrative Reforms wherein it has been stated that admittedly Tanti (Tatwa) has not been included in the Schedule to the Order and unless appropriate amendment is not made in the said schedule pursuant to an Act of the Parliament as required under Article 341 (2) of the Constitution of India, the petitioner is not entitled to any benefit as a member of the scheduled caste. It has also been stated that the Government of Bihar has no authority under the Constitution to amend the said Order. It has also been stated that in the report (Annexure 4) submitted by the Welfare Committee it has been recommended that 'Tanti' (Tatwa) should he included in the schedule of the Order and, accordingly, a recommendation to this effect has been made to the Government of India but so far no amendment has been made by the Parliament pursuant to the said recommendation. It has also been stated that by the letter (Annexure 3) the Government has not accepted the recommendation of the Scheduled Cask and Scheduled Tribes Welfare Committee (Annexure 4) rather the letter (Annexure 3) refers to the report submitted by the Bihar Tribal Welfare Research Institute, which has not been annexed with the writ application. 8. In this connection I may refer to the decision of the Supreme Court in the case of B. Basavalingappa vs. D. Munichinnappa, reported in A. I. R. 1965 S.C. 1269, wherein, it has been held that: "It may he accepted that it is not open to make any modification in the Order by producing evidence to show, for example, that though cask A alone is mentioned in the Order, Caste B is also a part of caste A and, therefore, must be deemed to be included in caste A." That is another reason why the plea made by the appellant that the Dohar caste is sub-caste of the Chamar caste and as such must be deemed to he included in the Order, can not he accepted". 9. 9. The Supreme Court again in the case of Bhaiya Lal vs. Harikishan Singh and others reported in AIR 1965 S.C., 1557, has held in para 8 as follows : "It is thus clear, that in order to determine whether or not a particular caste is a scheduled caste within the meaning of Article 341, one has to look at the public notification issued by the President in that behalf. In the present case the notification refers to Chamar, Jatav or Mochi, and so in dealing with the question in dispute between the parties, the enquiry which the Election Tribunal can hold is whether or not the appellant is a Chamar, Jatav or Mochi. The plea that though the appellant is not a Chamar as such, he can claim the same status by reason of the fact that he belongs to Dohar caste which is a sub-caste of the Chamar caste, can not be accepted. It appears to us that an enquiry of this kind would not he permissible having regard to the provisions contained in Art. 341." 10. In this connection I may also refer to the decision of the Supreme Court in the case of Parsram and another vs. Shivchand and others reported in AIR 1%9 S.C., 597, wherein following the above referred decisions, the Supreme Court has held in para 6 as follows : "'These judgments are binding on us and we do not therefore think that it would be of any use to look into the Gazeteers and the glossaries on the Punjab castes and tribes to which reference was made at the Bar to find out whether mochi and chamar in some parts of the State at least meant the same caste although there might be some difference in the professions followed by their members, the main difference being that Chamars skin dead animals which mochis do not. However, that may be, the question not being open to agitation by evidence and being one the determination of which lies within the exclusive power of the President, it is not for us to examine it and come to a conclusion that if a person was in fact a mochi, he could still claim to belong to the scheduled caste of chamar and be allowed to contest an election on that basis.." 11. Keeping in view the entry in the Order which does not include caste 'Tanti (Tatwa)' as one of the scheduled castes, it is not open for this Court under Articles 226 and 227 of the Constitution of India to enter into any process of adjudication that 'Tanti (Tatwa)' is same as 'Pan'. In my opinion, it is for the Parliament in its wisdom to make necessary amendment to place 'Tanti (Tantwa)' in the category of scheduled castes if it feels satisfied in this regard on the basis or the report said to have been sent by the State Government. 12. In view of the discussions made above, I do not find any merit in this application. It is, accordingly hereby dismissed, but without any cost.