The Supreme Court on Wednesday quashed the January 2000 order of the erstwhile State of Andhra Pradesh which provided 100 per cent reservation to the Scheduled Tribe candidates for the post of teachers in schools in the scheduled areas, saying it was “ arbitrary” and “ not permissible” under the Constitution.
A five-judge Constitution bench, headed by Justice Arun Mishra noted that providing 100 per cent reservation would be “ unfair” and “ unreasonable” and no law mandates that only tribal teachers can teach in the scheduled areas.
Referring to the 1992 Indra Sawhney judgement, popularly called the Mandal Commission verdict, the apex court said it was emphasised that the founding fathers never envisaged reservation of all seats and 50 per cent quota shall be the rule.
It noted that as per the 1992 verdict, extreme caution has to be exercised and special case has to be made out for exceeding 50 per cent reservation limit.
“ There were no such extraordinary circumstances to provide a 100 per cent reservation in scheduled areas. It is an obnoxious idea that tribals only should teach the tribals. When there are other local residents, why they cannot teach is not understandable,” said the bench, also comprising Justices Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose.
“ The action defies logic and is arbitrary. Merit cannot be denied in toto by providing reservations,” the bench said, adding that the order providing 100 per cent reservation is “ arbitrary, illegal, impermissible, and unconstitutional” .
In its 152-page verdict, the top court said it is apparent that despite more than 72 years of attaining independence, “ we are not able to provide benefits to the bottom line, i.E., downtrodden and oppressed classes. Benefits meant to such classes are not reaching them” .
It said that those belonging to the Scheduled Castes and Scheduled Tribes were making a struggle for freedom, various rights in the country and they have also suffered discrimination and remained an “ unequal and vulnerable section of the society” .
It said the basis for providing them reservation was to provide them upliftment and to eradicate their sufferings.
“ We have not been able to eradicate untouchability in the real sense so far and to provide safety and security to downtrodden class and to ensure that their rights are preserved and protected, and they equally enjoy frugal comforts of life,” it said.
The bench, while emphasising on the need to improve the system and ensure implementation of beneficial measures, observed that the right to information system has to be strengthened at the village level and people must know how money meant for development has been utilised.