Supreme court said – no more than 50 percent reservation allowed, told the thinking of the government is incomprehensible

The Supreme Court on Wednesday once again made it clear in harsh words that under no circumstances the scope of reservation can be more than 50 percent. Indra Shah, on behalf of the Supreme Court, citing the order to fix maximum 50 per cent reservation in the case, said that no government can ignore it.

A five-member constitution bench of the Supreme Court made this remark on an order of the year 2000 of the Government of Andhra Pradesh. The Andhra government had 20 years ago ordered 100% reservation for scheduled tribes in teacher recruitment in schools in notified areas. A bench of Justices Arun Mishra, Justice Indira Banerjee, Justice Vineet Sharan, Justice MR Shah and Justice Anirudh Bose overruled the Andhra Government’s decision as unconstitutional, unfortunate, illegal and arbitrary.

The bench observed that even in the year 1986, the state government had announced 100 percent reservation, but the tribunal then rejected the government’s decision. Later the courts also upheld the tribunal’s decision. In the year 1998, the government withdrew its appeal to the Supreme Court.

The bench said that it is expected from the state government that after this it will not do the illegal work of giving 100 percent reservation again. But in the year 2000, the state government again issued an order to give 100 percent reservation to scheduled tribes in notified areas.The constitution bench said that it is very sad to reissue the same order once the order is rejected. The bench also said that 100% reservation for Scheduled Tribes alone cannot be justified in any notified area. At the same time, the apex court also remarked in the judgment that the thinking of only scheduled tribe teachers to teach in schools in scheduled areas is not correct and is irrational. It is beyond comprehension.
The Constitution Bench may have reprimanded the state government, but on its behalf, it has been decided to continue conditional these appointments of teachers made under the government order of 2000, considering the matter as unique. The court has given strict instructions to the government of Andhra Pradesh and Telangana that such an attempt should not take place in future.