Civil Appeal No(s). 3609/2002
A notification was issued by Andra Pradesh government in the year 2000, for the upliftment of scheduled tribes; that there will be 100 % reservation of the scheduled tribe teachers in a primary school located in scheduled areas. They issued this notification by exercising their power mentioned under Paragraph 5(1) of the Fifth Schedule of the Constitution of India. According to this, the Governor of the state is empowered to apply or not to apply the laws passed by the Parliament/State Legislatures to Scheduled Areas. The issue was raised regarding the ambit of powers given to the governor in schedule 5; also the maximum ceiling of 50 % reservation was challenged.
The case was referred to the five-judge bench who enunciated that providing 100% reservation to scheduled tribe teachers would be unreasonable and unjust. It would not only affect the unreserved category but also affect the other citizens who come under the reserved category. It is in violation of Article 14 and 16(4) of the Indian constitution. Also, the case of Indira Sawhney was referred, where it was held that the reservation cannot be done above 50%. It was held that though the provision is provided under schedule 5, in accordance of which notification is given by the governor but it does not mean that he has the power to make a new law, whatever the governor will do must be in accordance of the law. Thus the decision taken by Andhra Pradesh government was unconstitutional. So the court struck down the notification issued by the Andhra Pradesh Governor, but the appointments already made over 50% reservation will remain unaffected but shall cease to be effective in future.