ORDER : D.H. Waghela, J. 1. The petitioners have sought to challenge the order dated 24.7.2014 of the Government of India on the ground that it suffers from gross illegality and inherent defect in so far as, while rejecting the proposal of the State Government for re-inclusion of Tiar/Tior Community in the list of Scheduled Castes of Orissa, the Government of India has not followed the approved modalities, which provides for a detailed procedure to be followed by the authorities of the State Government and the Government of India has proceeded unilaterally, the Impugned order dated 24.7.2014 of the Ministry of Social Justice and empowerment, Government of India is in fact a letter written to the Commissioner-cum-Secretary, ST & ST Development Department, Government of Odisha. It conveys: "I am directed to refer to your letter No. 24256/SSD/PCR(C)62/2011 dated 11.7.2011 on the subject mentioned above and to say that in accordance with the approved Modalities, proposal of the Government of Odisha for re-inclusion Tiar, Tior community in the list of Scheduled Cases was examined in consultation with the Registrar General of India (RGI). The RGI vide its report dated 16.4.2010 and 21.06.2012 did not support this proposal. Para (f) of the Modalities envisage that in such cases, where RGI does not agree to the point of view of the State Government even on a second reference, the Government may consider rejection of the said proposal. Accordingly, with the approval of competent Authority it has been decided to reject the claim of Tiar, Tior community for its inclusion in the list of Scheduled Cases of Odisha." Learned Counsel appearing for the petitioner relied upon the provisions of Article 341 of the Constitution and the Constitution Bench decision of the Apex Court in E.V. Chinnaiah v. State of Andhara Pradesh & Ors., AIR 2005 SC 162 to submit that the Parliament may be law include in or exclude from the list of Scheduled Castes specified in a notification issued under Clause (1) of Article 341 any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause, can not be varied by any subsequent notification. 2. 2. In the facts of the present case, however, it appears that exclusion of Tiar/Tior community from the list of Scheduled Castes had taken place much earlier and what has happened in 2010 and 2012 is reconsideration of the proposal of the State Government and rejection thereof. Prayer to set aside the communication of such decision of the Central Government cannot be granted and the decision is in no way shown to be illegal or arbitrary or violative of the Modalities. No writ of mandamus can be issued to direct the State Government to recommend the case of the petitioner afresh for consideration by the RGI as prayed in the petition. 3. The Constitution Bench decision of the Apex Court relied upon by the petitioner clearly holds that power of the State to deal with the Scheduled Caste list is totally absent except to bear in mind the required maintenance of efficiency of administration in making of appointments which power is to be found in Article 335 of the Constitution. Therefore, any executive action or legislative enactment which interferes, disturbs, re-arranges, re-groups or re-classifies the various cases found in the Presidential List will be violative of scheme of the Constitution and will be violative of Article 341 of the Constitution. In the above facts and circumstances as also the legal position clarified by the judgment of Hon'ble Apex Court, the writ petition is not maintainable and accordingly it is summarily dismissed.