The Supreme Court on Wednesday declared that providing 100 % reservation in favour of the Scheduled Tribe candidates for the post of teachers in scheduled area of Andhra Pradesh is impermissible and violative of the fundamental rights of citizens.
"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. The action defies logic and is arbitrary. Merit cannot be denied in toto by providing reservations," it said.
A five-judge bench presided over by Justice Arun Mishra said all the citizens do have equal rights, and the total exclusion of others by creating an opportunity for one class is not contemplated by the founding fathers of the Constitution of India.
"Equality of opportunity and pursuit of choice under Article 51¬A cannot be deprived of unjustly and arbitrarily," the bench said.
In its 152-page judgement, the top court declared an order issued by the AP government in 2000 for 100% reservation to the ST candidates on the post of teachers in scheduled areas as wholly impermissible and constitutionally not valid.
Holding that depriving the opportunity of employment to other categories cannot be said to be a method of achieving social equilibrium, the bench said there were no such extraordinary circumstances to provide a 100 % reservation in scheduled areas.
The court also pointed out that the order was a case of tinkering with the percentage (50%) of reservation permissible as per the dictum of the Indra Sawhney judgement (Mandal Commission by 9-judge bench) (1992).
It pointed out when a similar attempt made in 1986 to give 100% reservation did not withstand the legal challenge, there was no occasion for the state of Andhra Pradesh to resort to such illegality once again.
The bench, also comprising Justices Indira Banerjee, Vineet Saran, M R Shah and Aniruddha Bose, however, decided not to disturb the appointments made under the 2000 government order.
"In the peculiar circumstance, we save the appointments conditionally that the reorganised states of Andhra Pradesh and Telangana not to attempt a similar exercise in the future. If they do so and exceed the limit of reservation, there shall not be any saving of the appointments made, w.e.f. 1986 till date. We direct the respondents states not to exceed the limits of reservation in future," the bench said.
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