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  India   All India  23 Apr 2020  Supreme Court no to 100 pc quota for tribal teachers in schools

Supreme Court no to 100 pc quota for tribal teachers in schools

THE ASIAN AGE. | PARMOD KUMAR
Published : Apr 23, 2020, 11:53 am IST
Updated : Apr 23, 2020, 11:53 am IST

The bench quashed the Jan 2000 notification by the erstwhile AP govt reserving 100 teachers’ posts in the schools located in tribal areas

Supreme Court of India (ANI photo)
 Supreme Court of India (ANI photo)

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 a

ct 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.”

 

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Tags: supreme court of india, tribal teachers, st teachers, job quota for st school teachers
Location: India, Delhi, New Delhi