Supreme Court strikes down 100% ST quota in scheduled areas
Supreme Court strikes down 100% ST quota in scheduled areas
SAMANWAYA RAUTRAY
ET Bureau | Updated: Apr 22, 2020, 11.47 PM IST
BCCLReservations have to be less than 50% as stated in Indira Sawhney case, says Supreme Court.
NEW DELHI: A five-judge bench of the Supreme Court has overruled Andhra Pradesh High Court verdict which allowed the Telugu states to reserve teachers’ jobs only to those belonging to Scheduled Tribes in notified tribal areas.
The court cited the judgment in the Indira Sawhney case of 1992 to reiterate that the total reservations cannot exceed 50%. The bench led by Justice Arun Mishra also slapped costs on Andhra and Telangana for violating the SC mandated 50% ceiling.
It said that the move to reserve 100% teaching jobs to STs was unconstitutional but allowed the verdict to apply only prospectively, allowing those appointed not to be affected. The SC had in its Indira Sawhney ruling capped all quotas at 50%, leaving the remaining to candidates in meritorious candidates. The cap applies to government jobs and admissions to government education institutions.
The undivided state of Andhra had set aside all vacancies for STs through an order of the governor. It was challenged but upheld by the high court. The petitioners who approached the SC contended that such a decision not only affected the general merit category but also other reserved categories.
Some states have cited socio-educational backwardness while others fallen back on economic backwardness to exceed the cap and many petitions challenging such decisions are pending in the SC. This ruling may impact them, as this one indicated the court’s reasoning on the issue. During the hearing, Justice Mishra wondered on the need for reservations when the benefits did not seem to percolate.
He also spoke of the conundrum of trying to develop tribal areas while ensuring that they did not lose their identities.
Should the state only have tribal teachers in such areas or should they be exposed to teachers from other communities? Should the state risk heterogeneity and ensure only tribal teachers for better education? After all, outsiders may not be interested in going to these areas.
Justice Mishra also observed that since the areas were not 100% tribal, full reservation would be negation of merit
