Debangana Ray
Published on August 3, 2022 at 20:13 IST
The Supreme Court on Tuesday held that providing 100 percent reservation in favour of teachers of scheduled districts/area is unconstitutional and compromises quality of education.
A Bench of Justices MR Shah and BV Nagarathna, therefore, upheld a Jharkhand High Court decision of September 2020 striking down notifications by the State of Jharkhand in 2016 providing 100% reservation for the local candidates / residents of thirteen Scheduled Areas in the State.
“The quality of education of the school-going children cannot be compromised by giving 100% reservation in favour of the teachers of the same/some districts and prohibiting the appointment to more meritorious teachers,” the Supreme Court said.
“The opportunity of public employment cannot be denied unjustly to the incumbents, and it is not the prerogative of a few. The 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 judgment said.
While the Apex court rejected the State’s prayer to make the judgment under challenge be applied prospectively, it observed that setting aside appointments already made would be a complicated exercise not in line with larger public interest.
“The order/ notification making 100% reservation for the local resident of the concerned scheduled districts/areas is is violative of Article 16(2) of the Constitution of India as it affects the fundamental rights guaranteed to the candidate belonging to the non-scheduled areas guaranteed under part III of the Constitution of India. As per Article 13 of the Constitution of India, the State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of Article 13(2) shall to the extent of the contravention, be void,” the Court said.
