100 pc quota for ST teachers in schools not permissible: Supreme Court

The Supreme Court on Wednesday held that 100 per cent reservation of teachers post for the scheduled tribes in the schools located a predominantly tribal areas was not permissible and no reservation could exceed the limit of 50 per cent as fixed by the top court in Indra Sawhney case on November 16, 1992.

The five-judge constitution bench quashed the January 2000 notification issued by the erstwhile Andhra Pradesh government reserving 100 teachers’ posts in the schools located in tribal areas.

While quashing the year 2000 notification, the court however, saved all the existing appointment but made it conditional asking both Andhra Pradesh and Telangana not to venture on such a course again in future.

“Providing for 100 percent reservation is not permissible under the Constitution, the outer limit is 50 per cent as specified in Indra Sawhney,” said a five-judge constitution bench headed by Justice Arun Mishra and comprising Justices Indira Banerjee, Vineet Saran, M.R.Shah and Aniruddha Bose.

The top court said this upholding petitions challenging the Andhra Pradesh High Court judgment which by majority upheld the January 10, 2000 notification providing for 100 per cent reservation in respect of appointment to the posts of teachers in the scheduled areas.

Protecting the jobs of the tribal teachers who have already been appointed under January 2000 and earlier 1986 notification, Justice Arun Mishra speaking for the bench said, “It is unfortunate that illegal exercise done in 1986 was sought to be protected by yet another unconstitutional attempt by issuing (January 2000 notification) with retrospective effect of 1986, and now after that 20 years have passed.”

Saying that there was no reason for 100 per cent reservation, the court said, “It was least expected from the functionary like government to act in aforesaid manner as they were bound by the dictum laid down by this court in Indra Sawhney (supra) and other decisions holding that the limit of reservation not to exceed 50 per cent.”