Review plea sought against SC order on quota

Twenty years after a petition was filed against Government Order (GO) No. 3/2000 issued by then united state of Andhra Pradesh, the Supreme Court recently quashed the order which provided 100 per cent reservation for Scheduled Tribe (ST) candidates in posts of teachers in schools located in Scheduled Creas. Civil rights activists have demanded that the state government file a review petition against this ruling.

The order was passed by a five-judge bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah and

Aniruddha Bose. While quashing the GO, the bench ruled that appointments already made under the order should not be disturbed.

The apex court observed that providing reservation beyond 50 per cent is not permissible. There is no rhyme or reason for the government in resorting to 100 per cent reservation, it stated. The cost of appeal is quantified at `5 lakh and is to be shared equally by the the Andhra Pradesh and Telangana state governments.

President of Civil Liberties Committee (CLC) Professor Gaddam Laxman said, “To protect the Scheduled Tribes from different kinds of exploitation, the Fifth Schedule areas were been formed under Article 244 (1) of the Constitution. Under this, the President and the Governor have powers to make amendments for administrative purposes. If a tribal born in a Scheduled Area has an understanding of his/her culture and conditions, and is equipped with teaching skills, they should be given the posting as teachers. If appointed as a teacher in their particular area, they will remain dedicated and do justice to the given job and their own people.”

Prof. Laxman pointed out that the government order aimed at providing availability of teachers in every school of the Scheduled Areas.

The GO became necessary considering shortage of teachers in schools situated in scheduled areas. It was a step to promote development of educational among tribals, he added.

B. Adinarayana Rao, senior counsel appearing for the Telangana state, argued, “Tribal customs, culture, traditions, and personal laws need to be protected and preserved. Due to inaccessibility and lack of facilities, outside teachers appointed in scheduled areas are not attending schools, leading to chronic absenteeism. The GO resulted in fulfilling the desired objectives, as there has been a significant increase in literacy among tribals”.

Prof. Laxman further demanded that the respective states, which have Scheduled Areas, should file a review petition in the Supreme Court to preserve the special status of Scheduled Areas.