Print Friendly, PDF & Email

No 100% quota for tribal teachers: SC

Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.

No 100% quota for tribal teachers: SC

What to study?

For Prelims: Constitutional provisions on reservations.

For Mains: Significance and implications of the Supreme Court verdict.

Context: The Constitution Bench of the Supreme Court has held it unconstitutional to provide 100% reservation for tribal teachers in schools located in Scheduled Areas across the country.

What’s the issue?

The case stemmed from a legal challenge to a January 10, 2000 order issued by the erstwhile State of Andhra Pradesh Bench providing 100% reservation to the Scheduled Tribe candidates, out of whom 33.1/3% shall be women, for the post of teachers in schools located in the Scheduled Areas of the State.

What has the Court said?

  1. 100% reservation is not permissible under the Constitution as the outer limit is 50% as specified in Indra Sawhney case, 1992.
  2. The citizens have equal rights and the total exclusion of others by creating an opportunity for one class is not contemplated by the Constitution.
  3. It also deprives SCs and OBCs of their due representation.
  4. The opportunity of public employment cannot be denied unjustly to the incumbents and it is not the prerogative of few.

 Which rights are affected?

  1. Equality of opportunity and pursuit of choice under Article 51­A cannot be deprived of unjustly and arbitrarily.
  2. It is arbitrary and violative of provisions of Articles 14 (equality before law), 15(1) (discrimination against citizens) and 16 (equal opportunity) of the Constitution.
  3. It also impinges upon the right of open categorybecause only STs will fill all the vacant posts leaving SCs and OBCs far behind.

Sources: the Hindu.