No 100% quota for tribal teachers: SC 

#GS2 #Judicial  

Bench says it is an ‘obnoxious idea’ 

  • Constitution Bench of the Supreme Court held it unconstitutional to provide 100% reservation for tribal teachers in schools located in Scheduled Areas across the country.  
  • 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 by providing reservation. The Bench was answering a reference made to it in 2016 on whether 100% reservation is permissible under the Constitution.  

Sawhney judgment  

  • The court held that 100% reservation is discriminatory and impermissible. The opportunity of public employment is not the prerogative of few.  
  •  A 100% reservation to the Scheduled Tribes has deprived Scheduled Castes and Other Backward Classes also of their due representation. The court referred to the Indira Sawhney judgment, which caps reservation at 50%.  
  • Citizens 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.  
  • The case stemmed from a legal challenge to January 10, 2000 order issued by the erstwhile State of Andhra Pradesh Bench providing 100% reservation to the Scheduled Tribe candidates, out of whom 33.1/3% shall be women, for the post of teachers in schools located in the Scheduled Areas of the State.   
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