H.K. Sema, J.: These batches of Civil Rules raises common question of facts and law, and as such, they are being disposed by this common judgment. 2. It is agreed by counsel on all sides that facts and law narrated in Civil Rule No. 800 of 1994 shall cover the remaining Civil Rules, and as such, we propose to recite the facts briefly in Civil Rule No.800 of 1 994. 3. In Civil Rule No.800 of 1994, we have heard Mr. Surjamani, learned counsel for the petitioner, Mr. A. Nilamani and Mr. T. Nandakumar for respondents 8,9 and 10, Mr. A. Ibotombi for respondent No.4 and Mr. Kotishwor for respondent No. 11. "We have also heard Mr. Kh. Nimalchand, learned counsel for the petitioner in Civil Rule No.839 of 1992, and Mr. HS Paonanvlearned counsel for the petitioner in Civil Rule No.317 of 1995 and Civil Rule No. 141 of 1995. 4. Civil Rule No.800 of 1994 has been preferred by the representative of 'Lois' of Kakching through its President and General Secretary. 5. Literally, meaning of 'Lois' in Manipur language means 'Subjugated people'. The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956 (Act No.63 of 1956) (hereinafter the Act) by Presidential notification dated 25th September,' 1956 in Part VII Manipur, 'Lois' has been declared as Scheduled Castes throughout the State and listed in serial No.2. It may be mentioned herein that, in the Constitution (Scheduled Castes) Order, 1950, the 'Lois' was not declared as Scheduled Castes. The declaration of Lois' as Scheduled Castes by the Amendment Act of 1956 in Part VII is preceded by elabotare enquiry and consultations. 6. On 17th June, 1955, the Chief Commissioner, Manipur addressed a letter to the Deputy Secretary, Government of India, Ministry of Home Affairs, New Delhi, in reply to its letter dated 5.1.1995 with regard to revision list of Scheduled Castes and Scheduled Tribes. In the said letter, besides recommending list of Scheduled Tribes, the community known as 'Lois' inhabitants of 8 (eight) villages were also recommended, namely; (1) Sekmai (2) Awang (3) Khurukhul (4)Koutruk (5) Phayeng (6) Leimaram (7) Leimaram Khunou (8)Andro. In the recommendation, its stated that the 'Lois' are backward socially, economically and educationally. 7. The Chief Commissioner also stated in para 4 of its letter as under: "4. In the recommendation, its stated that the 'Lois' are backward socially, economically and educationally. 7. The Chief Commissioner also stated in para 4 of its letter as under: "4. Shri Sashimeren Aier, Regional Assistant Commissioner for Scheduled Castes and Scheduled Tribes, Shillong inspected the living condition of the Lois and extract of his report is reproduced below: 4. Lois : Whether Scheduled Tribes or Scheduled Castes : The Lois are to be found in the following villages situated at the foot of the hills : (1) Chakparayleng (2) Koutruk (3) Sekmais (4) Leimarams (5) Andros (6) Kwathas (7) Khurukkhuls The term 'Lois' means backward class. There are distinct community, different in many aspects from the Manipur Meitei, and to a great extent similar to those of the hill tribes. They have been treated as untouchable for the following reasons : (1) The Lois are not allowed to enter the houses of the Meiteis (Manipur Hindus). (2) The main occupation of the Lois are cultivation and distilling of country liquor. (3) Inter marriage and condining between the Lois and the Meiteis are prohibited. (4) The Lots worship goddess of nature. (5) The Lois cremate their death, in this respect they are akin to the Hindus. They are far more backward than those of the Manipur Meiteis and the hill tribes. Special provisions must therefore be made for the upliftment of this community, either from the tribal welfare fund sanctioned by the Central Government under Article 275 of the Constitution, or from a separate allotment that may be granted for the welfare of the backward classes for village water supply, LP Schools, communications and irrigation for their fields and medical amenities etc. They should be included either in the list of the Scheduled Castes or Scheduled Tribes, in that case they will be in a position to make avail of all the facilities that are being enjoyed by those two communities all over India today." 8. It would thus clearly appear that the declaration of 'Lois' as Scheduled Castes is preceded by the recommendation of the Chief Commissioner by its letter dated 17th June, 1955 which is again preceded by a detailed enquiry of Shri I. Sashimeren Aier, Regional Assistant Comm issioner for Scheduled Castes and Scheduled Tribes, Shillong. In the said recommendation 'Kakchjng' is not included as inhabited by 'Lois' community. 9. In the said recommendation 'Kakchjng' is not included as inhabited by 'Lois' community. 9. In 1992, the Deputy Commissioner, Thoubal had issued about 2,500 Scheduled Castes certificate to the 'Lois' of 'Kakching' culminating in passing the order dated 30th June, 1992 constituting the Enquiry Committee. The orders reads: "Orders by the Governor : Manipur: Imphal, the 30th June, 1992. No. 1II1 /92-TD: The Governor of Manipur is pleased to constitute a Committee d consisting of the following members to examine various claims for being included as member of the Lois community. 1. Justice Y. Ibotornbi Singh, Moirangthol Loklaobung, Imphal Retired Justice, Gauhati High Court: Chairman. 2. Padmashri N. Khelchandra Singh , Uripok Ningthoukhongjam Leikai: Member 3. Head of Deptt of Anthoropology Manipur University, Chanchipur: Member 2. The terms of reference of the committee is as follows : (i) Invite claims for recognition/inclusion as members of the Lois community. (ii) On the basis of claims and other evidence submitted by the interested parties and any other basis that the committee may determine, suggest suitable methodology for examining such claims in future. (iii) To give recommendation regarding validity on approximately 2500 SC certificates issued by Deputy Commissioner/Thoubal during the period from March, 1992 onwards. 3. The committee will submit its recommendation to the Governor within three g months from the date of notification in the Gazette. 4. Dr. Kamkhenthang, Joint Director (TP) will be the Secretary of the committee. 5. Orders regarding sitting allowances/Honorarium for the members of the committee will issue separately. By order in the name of Governor, Sd/- (C.Raikhan Chibber) Secretary (TD)" 10. The committee submitted its report on 28.2.1993 and the recommendation of the committee was accepted by the Government by its order dated 6th July, 1994 (Annexure 1). By another order dated 30th June, 1994 (Annexure 4), the Government has issued a clarification that only the inhabitants of eight villages of 'Lois' recommended by the Chief Commissioner in its letter dated 17th June, 1955 are included in the list of Scheduled Castes. By the aforesaid order, Government also issued a clarification that the inhabitants of Kakching are not 'Lois' and not included in the Presidential notification as Scheduled Castes, and therefore, 2,500 Scheduled Castes certificates issued to the 'Lois' of Kakching are invalid. 11. By the aforesaid order, Government also issued a clarification that the inhabitants of Kakching are not 'Lois' and not included in the Presidential notification as Scheduled Castes, and therefore, 2,500 Scheduled Castes certificates issued to the 'Lois' of Kakching are invalid. 11. In these writ petitions, the petitioners prayed for quashing of the following orders: (a) Annexure 1 order dated 6th July, 1994 accepting the recommendation of the committee. (b) Annexure 2 order dated 30th June, 1992 constituting of the committee. (c) Annexure 3, enquiry report dated 28.2.1993. (d) Annexure 4 order dated 30th June, 1994 declaring the inhabitants of Kakching are not 'Lois' and not included in the Presidential notification as Scheduled Castes, and (e) Annexure 5 order dated 13th July, 1992 inviting objections for recognition and inclusion as member of the 'Lois' community by the Secretary of the Enquiry Committee on 'Lois'. 12. The main thrust of the argument on behalf of the petitioners is that, once the Presidential notification is issued under Article 341 of the Constitution, the State is incompetent to constitute a committee to enquire into the inclusion or exclusion and to invite claims and objections for inclusion and exclusion of the members of the Castes. On the other hand, Mr. A. Nilamani Singh and Mr. T. Nandakumar, counsel for the respondents contended that the committee so constituted cannot go into the question of exclusion and inclusion but the committee can identify as to who are the Scheduled Castes as defined under Article 366 (24) as are deemed under Article 341 to be Scheduled Castes. 13. Before we advert further on other points at this stage, we may dispose of one argument of Mr. Surjamani Singh. Mr. Surjamani Singh invites our attention to clause 1 of the terms of reference and vehemently submits that the committee cannot go into question of inclusion as member of the 'Lois' community once the Presidential notification is issued under Article 341 of the Constitution, an alternative being only by way of a legislation by Parliament. Although clause 1 of the terms of reference refers of inclusion as members of the 'Lois' community, the committee proceeded nothing in para 8.2 (at internal page 18 of the report) asunder: "8.2. Although clause 1 of the terms of reference refers of inclusion as members of the 'Lois' community, the committee proceeded nothing in para 8.2 (at internal page 18 of the report) asunder: "8.2. The committee has been set up and appointed, as already set out above, as the Government of Manipur in its wisdom finds that an inquiry into the question as to who are those lots of people included in the expression 'Lois' mentioned in the President of India's notification issued under Article 341(1) of the Constitution of India and how they are to be identified." 14. Further the committee in para 16.1 (internal page 32) observed : "16.1. Keeping in view the above proposition of law, we now proceed to discuss the core question ie, who are those members of the Lois community recognised as a Scheduled Castes by the President's notification." 15. Again in para 57 of the report (internal page 84) the committee had held that the term 'Lois' mentioned in the Presidential notification includes only the 'Loi population of 8 (eight) villages mentioned in Chief Commissioner's letter. 16. From the above, it is crystal clear that he committee confined itself only to identification of the Castes mentioned in the Presidential notification, and did not go to the area of prohibition of exclusion or inclusion of the Castes. 17. Article 366 (24) defines for the purposes of the Constitution of India the expression "Scheduled Castes' to mean 'such castes, races or tribes or parts of or group within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution . Article 341 reads thus: "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 or parts of or groups within castes, races or tribes which shall for the purposes 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 castes, race or tribe or part of or group within any castes, race or tribes, but have as aforesaid a notification issued under the said clause shall not be varied by an subsequent notification." 18. Precisely, the question that posed for determination in these batches of writ proceeding is: (a) Whether the State has the authority to constitute a committee to identity that the inhabitants of 'Kakching' are not 'Lois' community and not included in the Presidential notification as Scheduled Castes, notified under the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1956. 19. By now it is well settled principle of law by a catena of decision of the Apex Court that, the Presidential notification once made under Article 341 of the Constitution is final and cannot even be revised by the President. The alternative being to be modified by inclusion or exclusion by law by Parliament. 20. In B. Vasavalingappa vs. D. Muniehinnappa & others, AIR 1965 SC 1269 , the Constitutional Bench of the Apex Court had occasioned to deal with a similar question. In that case, the election of the returned candidates was challenged on the ground that he was not a member of any Scheduled Castes mentioned in the Constitution (Scheduled Castes) Order, 1950. The returned candidate claims that he belong to the Scheduled Castes listed as 'Bhovi' in the Order. It was resisted that the returned candidates was 'Voddar' by caste and that' Voddar' was not Scheduled Castes specified in the Order* and therefore, he could not stand for election from the Scheduled Castes constituency. 21. The returned candidate claims that he belong to the Scheduled Castes listed as 'Bhovi' in the Order. It was resisted that the returned candidates was 'Voddar' by caste and that' Voddar' was not Scheduled Castes specified in the Order* and therefore, he could not stand for election from the Scheduled Castes constituency. 21. In para 6 of its judgment, the Apex Court had held as under: "It may be accepted that it is not open to make any modification in the order by producting evidence to show (for example) that though caste 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. It may also be accepted that where ever one caste has another name it has been mentioned in brackets after in the Order, Ordinarily, therefore, it would not be open to give evidence that the Voddar Caste was the same as the Bhovi caste specified in the Order for Voddar caste is not mentioned in brackets after the Bhovi caste in the Order." 22. In para 7 of its judgment, the evidence was allowed to be led to identify the caste specifying in the Order, because the Order referred to Scheduled Castes known as 'Bhovi' as it was before 1956 in Mysore, but there was no caste specifically known as 'Bhovi' in the State of Mysore before 1956, and the only course open to the Court was to find out which caste was meant by 'Bhiovi'. 23. Again in Bhaiya Lal vs. Harikishan Singh & others, AIR 1965 SC 1557 , the Apex Court had occasioned to deal with the similar question. In that case also the election of die returned candidate was challenged on the ground that he belongs to 'Dohar' caste and was not 'Chamar' caste. While dealing with this point, it has been also held by the Apex Court as under: "It is clear from Article 341 (1) that in order to determine whether or not a particular caste is a Scheduled Castes within the meaning of Article 341, one has to look at the public notification issued by the President in that behalf. While dealing with this point, it has been also held by the Apex Court as under: "It is clear from Article 341 (1) that in order to determine whether or not a particular caste is a Scheduled Castes within the meaning of Article 341, one has to look at the public notification issued by the President in that behalf. Where, therefore, in a particular case, the notification refers to Chamar, Jatav or Mochi, in dealing with the question whether the candidate belongs to the Scheduled Castes or not the enquiry which the Election Tribunal can hold is whether or not the candidate is a Chamar, Jatav or Mochi. The plea that though he is not a Chamar as such, he can claim the same status by reason of the fact that he belongs to the Dohar caste which is a sub-caste of the Chamar caste, cannot be accepted. An enquiry of thiskind would not be permissible having regard to the provisions contained in Article 341." (emphasis suppplied) 24. In Srish Kumar Choudhury vs. State of Tripura & others, AIR 1990 SC 991 , the question came up whether the Presidential notification declaring "Jamtia, Noatia, Riang and Tripura/Tripuri/Tippera" also includes Deshi Tripura covered the Laskar while there was another class called Tripura/Tripuri/Trippera which did not relate to Laskar class. It was held by the Court that: "Evidence is admissible for the purpose of showing what an entry in the Presidential Order is intended to mean though evidence cannot be accepted for modifying the Order by including a new tribe. The entries in the Presidential Order have to be taken as final and the scope of enquiry and admissibility of evidence is confined to showing what an entry in the Presidential Order is intended to mean. It is, however, not open to the Court to make any addition or subtraction from the Presidential Order." (emphasis supplied) 25. From the order of the Apex Court as discussed above would show that evidence is permissible to identify the caste covered in the Presidential notification but it cannot be accepted for addition or subtraction from the Presidential Order. 26. It is, however, not open to the Court to make any addition or subtraction from the Presidential Order." (emphasis supplied) 25. From the order of the Apex Court as discussed above would show that evidence is permissible to identify the caste covered in the Presidential notification but it cannot be accepted for addition or subtraction from the Presidential Order. 26. Reverting to the facts of the case, at the risk of repetation, the declaration of 'Lois' as Scheduled Castes by Amendment Act of 1956 was preceded by on the basis of the recommendation by the Chief Commissioner, Manipur by its letter dated 17th June, 1955, and on the basis of the investigation carried out by one Sashimeren Aier, Regional Assistant Commissioner for Scheduled Castes a and Scheduled Tribes, Shillong, recommending eight villages as inhabitants of 'Lois' as quoted earlier. Although the Presidential notification declared 'Lois' as Scheduled Castes throughout the State, the basis for such declaration was the result of elaborate enquiry and consultation, and on the basis of a report submitted by the Chief Commissioner by its letter dated 17th June, 1955 recommending eight villages as inhabitants of 'Lois'. 'Kakching' is not included in the recommendation. 27. It will be important to notice that in the recommendation, the characteristic of Lois' in the eight villages, their trade and profession has been mentioned which are distinct and different from the rest of the community. It will also be noticed that Kakching claims to be 'Lois' for the first time in 1992 which would cast a doubt that they were included in 1956 Presidential notification as Scheduled Castes. Of course, counter on behalf of the respondent Nos.4 and 5 has been filed, and the stand of the respondent Nos.4 and 5 is that, the 'Lois' throughout the State has been declared as Scheduled Castes by Presidential notification. However, circumstances as narrated above has necessitated the State Government in constituting the committee to identify the caste covered by the Presidential notification. 28. As already said, Presidential notification was issued under Article 341 of the Constitution as a result of an elaborate enquiry and consultations. The object of Article 341 is to provide protection to the members of Scheduled Castes, having regard to the economic and educational backwardness from which they suffer. 28. As already said, Presidential notification was issued under Article 341 of the Constitution as a result of an elaborate enquiry and consultations. The object of Article 341 is to provide protection to the members of Scheduled Castes, having regard to the economic and educational backwardness from which they suffer. This being the object, it is not intended that the benefit and concession giving to the Scheduled Castes and Scheduled Tribes should not go to the wrong hand. The benefit should go to the people who deserve it, otherwise, the purpose for which it is made would be defeated. The present context of the society is being haunted by struggle for existence and survival of the fittest. Of late, being driven by economic circumstances, there has been a tendency to make a false claim on the basis of fake or superious caste certificate seeking employment opportunity from the reserved quota. Therefore, in order to identify the caste covered by the Presidential notification it is permissible to lead evidence. 29. The object of the notification under Article 341 has been discussed by the Apex Court in para 10 of its judgment in Bhaiya Lal (supra) as under; "The object of Article 341 (1) plainly is to provide additional protection to the members of the Scheduled Castes having regard to the economic and educational backwardness from which they suffer; Before a notification is issued under Article 341 (1), an elaborate enquiry is made and it is as a result of this enquiry mat social justice is sought to be done to the castes, races or tribes as may appear to be necessary, and in doing justice, it would obviously be expedient not only to specify parts or groups of castes, races or tribes, but to make the said specification by reference to different areas in the State, educational and social backwardness in regard to there castes, races or tribes may not be uniform or of the same intensify in the whole of the State, it may very in degree or in kind in different areas and that may justify the division of the State into convenient and suitable areas for the purpose of issuing the public notification in question. The notification issued by the President by reference to the different area is not, therefore, outside his authority under Article 341 (1)." 30. The notification issued by the President by reference to the different area is not, therefore, outside his authority under Article 341 (1)." 30. As already said, notification under Article 341 is preceded by elaborate enquiry and consultation. In the present case, the notification was issued on the basis of a report of the Chief Commissioner, Manipur basing on the inspection conducted by Shri Sashimeren Aier, Regional Assistant Commissioner for Scheduled Castes and Scheduled Tribes, Shillong. Therefore, the Presidential notification might not have been intended to include more villages than what was recommended in the consultation process. In this view, the identification of villages inhabited by 'Lois' covered by the Presidential notification was necessary by leading evidence. 31. This left us to consider the competency of the State Government to accept the enquiry report by its impugned order dated 6th July, 1994 and Annexure 4 order dated 30th June, 1994 modifying and declaring Scheduled Castes certificates numbering about 2,500 issued to the residents of Kakching as invalid. We are of the view, that the State Government instead of accepting is, ought to have resorted to forward the report to the appropriate authority to consider whether Scheduled Castes Order needs amendment by appropriate legislation. 32. For the aforesaid reasons, we hold : (a) The State Government is competent to constitute a committee to identify the villages covered by the Presidential Order in the facts and circumstances of this case as discussed. (b) However, it is not within the competence of the State Government to accept the report of the committee and passed impugned order on the basis of the report. It is open to the State Government if it deems fit and proper to forward the report to the appropriate authority to consider amendment by appropriate legislation, instead of accepting it, (see (1994) 1 SCC 359 , Palghatjilla Thandam Samudhaya Sanirakashna & another vs. State of Kerala & another). In this connection, we took note of the findings of the enquiry report recorded in paragraph 26 of its report. 33. The neat result is that, the impugned order dated 6th July, 1994, and the impugned order dated 30th June, 1994 are hereby quashed and set aside. Civil Rule No.800 of 1994, Civil Rule No.317 of 1995 and Civil Rule No.141 of 1995 are partly allowed as indicated above, and Civil Rule No.839 of 1992 is dismissed. 34. 33. The neat result is that, the impugned order dated 6th July, 1994, and the impugned order dated 30th June, 1994 are hereby quashed and set aside. Civil Rule No.800 of 1994, Civil Rule No.317 of 1995 and Civil Rule No.141 of 1995 are partly allowed as indicated above, and Civil Rule No.839 of 1992 is dismissed. 34. We make it clear that in the meantime, Scheduled Castes certificates issued to the inhabitants of Kakching area shall be subject to appropriate legislation that may be passed on the basis of the enquiry report. In the facts and circumstances of the case, parties are ask to bear their own costs. There has been some delay in delivering this judgment due to long intervening Puja vacation in between. Delay caused is however, regreted.