CIVIL APPEAL NO.3609 OF 2002
CIVIL APPEAL NO. 7040 of 2002
A 5 Judge bench headed by Justice Arun Mishra was against the AP governor’s move.
In the case of Chebrolu Leela Prasad Rao and others vs State of Andhra Pradesh, the bench held that the absolute reservation of teachers belonging to the ST community was constitutionally invalid, therefore struck down.
The court refered the case of Indira Sawhney vs Union of India, according to which the reservation is only valid if it is not beyond 50%
The bench, also comprising Justices Indira Banerjee. Vineet Saran, M.R. Shah and Ravindra Bhat, observed:
“100% reservation would amount to unreasonable and unfair and cannot be termed except as unfair and unreasonable. Thus we are of the considered opinion that providing 100 % reservation to the Scheduled Tribes and Scheduled Castes were not permissible. The Governor in the exercise of the power conferred by para 5(1) of the Fifth Schedule of the Constitution cannot provide 100% reservation.”
Petitioners contended that As laid down in Indira Sawhney (supra), reservation contemplated by Article 16(4) can be provided not only by Parliament/Legislature but also by local bodies and other authorities. Hence the Governor’s power to provide for reservation cannot be questioned by the Hon‟ble Court, especially as the law laid down in Indira Sawhney has been upheld and not been set aside.
Review petitioner claims that ruling takes away the rights of people belonging to tribal community as well as minorities.
It was also contended that the Bench ignored the facts which were considered for reservation for schedule area, by striking it down, the court endangers the right of minority rights.