Citation– 2020 SCC Online SC 383; 22nd April, 2020
Bench – 5- judges bench ( Constitutional Bench)
Facts– On 5th November 1986, the Governor of Andhra Pradesh has made an order in the implementation of powers under para 5(1) of Schedule- 5 of the Constitution of India that the posts of teachers for educational organizations in schedule areas shall hold for schedule tribe. This order was rejected by the Administrative Tribunal of Andhra Pradesh. The amended order was passed by Governor for the appointment of non- tribal as teachers till the local tribal are not eligible. The order was upheld by the division bench of High Court by a writ petition in violation of Article- 14 of Constitution of India. The order was overruled by the Supreme Court. On 10th January 2000, the Governor issued a fresh notification for providing a 100% reservation to the schedule tribes for the appointment of teachers in schedule areas. The notification was rejected by the Administrative Tribunal of Andhra Pradesh. But the High Court upheld the notification by a 3- judges bench. The appeal was filed before the Supreme Court.
Judgment– The Supreme Court of India held the notification issued on 10th January, 2000 as unconstitutional by stating that there is no reason for the government of Andhra Pradesh granting 100% reservation to the schedule tribes of Andhra Pradesh.