In a significant decision, the Supreme Court on Tuesday said that a state government cannot fix 100 percent reservation for local candidates in scheduled areas. This is completely unconstitutional and a violation of the fundamental right to non-discrimination in public employment. The apex court made this observation in a matter related to the recruitment of Trained Graduate Teachers (TGT) for secondary schools.
A bench of Justices MR Shah and BV Nagarathna said, "The opportunity of public employment cannot be denied to certain persons unjustly. It is not the prerogative of some people. Doing so can affect the quality of education. Citizens have equal rights and creating opportunities for one class to completely exclude others was not considered by the framers of the Constitution. With this observation, the top court quashed a notification issued in 2016 by the state of Jharkhand providing 100 percent reservation for residents in class III and IV posts in 13 scheduled districts of the state. The bench said the 100 percent reservation provided only to the residents of the respective scheduled districts and areas is violative of Article 16(2) of the Constitution of India. It is going to affect the rights of other candidates and citizens of non-scheduled areas and districts.
The Court also noted that as per Article 16(3) and Article 35, local domicile reservation can be provided only through a law enacted by the Parliament. The State Legislature does not have the power to do so. Therefore the notification is violative of Articles 16(3) and 35.
Followed this law in the decision
The bench followed the law laid down in 2020 by the Constitution Bench of the Supreme Court in the case Chebrolu Leela Prasad Rao et al. vs State of Andhra Pradesh. In this, 100% reservation for members of Scheduled Tribes in teaching posts in Scheduled Areas was declared unconstitutional. The apex court pronounced this judgment on appeals filed by the state of Jharkhand and some individuals against the decision of the High Court. The High Court quashed the notification.
This will affect the quality of education
The Supreme Court said, in matters of primary education, teaching in the local (tribal) language by the local people may be beneficial, but this principle does not apply to education above the fifth standard. In such a situation, if opportunities are not provided to the people outside the scheduled areas, then the quality of education will be affected.
State government claim
The state government claimed that the decision was taken to address the factors of low human development indices, backwardness, poverty, etc. in the scheduled districts. The notification was issued by the Governor to protect the interests of the residents of the Scheduled Districts to secure social, economic, and political justice. However, the top court disagreed with the High Court's direction to conduct fresh recruitment. Instead, the top court, in the exercise of its extraordinary power under Article 142, directed the state to revise the merit list of the candidates.
G20 Summit: Advisory of Delhi Metro regarding G20, Many metro station gates will remain closed from 8 to 10 September
Preparations for the G20 summit are in full swing in the national capital. Several areas of Delhi will remain closed given the tight security arrangements during the G20 summit. Along with this, a
One Nation One Election: Simultaneous elections are not a new concept... The government told why there is a need for a new system
Between the introduction of the One Country-One Election Bill in the Lok Sabha and sending it to the JPC for deliberation, the government tried to clarify why there is a need to adopt this system. The
Threat again regarding Maha Kumbh 2025, uproar as soon as the screenshot went viral
After pro-Khalistan terrorist Gurpatwant Singh Pannu, another threat has been given regarding Maha Kumbh. The screenshot of the threat given on Instagram has been circulated on the internet media.
Malegaon Case: Mechanic was being lured to take Sadhvi Pragya's name, ATS officers used to threaten him
After the acquittal of the accused in the Malegaon bomb blasts, the then-investigating officers have been exposed. The officers involved in the investigation were preparing fake witnesses against
Piyush Goyal told IIT students, the world today believes that India's time has come regarding new technology
Union Commerce Minister Piyush Goyal is on a visit to Tamil Nadu. On Sunday, the Union Minister addressed the students of the Indian Institute of Technology (IIT) Madras. Piyush Goyal said that the
Vijay Rupani: The number of the first car and the years old scooter was '1206', the lucky number became unlucky for Vijay Rupani; know why he considered it auspicious
Former Gujarat Chief Minister Vijay Rupani also died in the Ahmedabad plane crash. 241 people on board the plane have died in this plane crash. This plane was going from Ahmedabad to London, in which
India-Pakistan Ceasefire: Preparations to surround Pakistan in UN committee meeting, India will present evidence of the Pahalgam attack.
Pakistan is currently a temporary member of the United Nations Security Council, but this does not mean that it cannot be cornered on the issue of terrorism. The 1267 Sanctions Committee, formed to
China in support of anti-India Pak terrorists: Saved by vetoing for the second time in two days
For the second time in two days, China has saved a Pakistani terrorist from being declared a Global Terrorist by the United Nations Security Council (UNSC). China first used veto power to save Lashkar
Aryan Khan's Birthday: Today is the birthday of King Khan's elder son, Shahrukh became emotional at the time of Aryan's birth
Today is the 27th birthday of Bollywood King Khan's son Aryan Khan. Aryan Khan was born in Mumbai. Aryan is Shahrukh Khan's elder son. Aryan's younger brother is Abram and sister's name is Suhana
Petrol-diesel can be cheaper by Rs 14: Crude oil prices fell up to $ 82; Loss of companies will end, profits will increase
Due to the fall in the price of crude oil, the prices of petrol and diesel in the country may come down by up to Rs 14. Crude oil (Brent) prices in the international market are at a low level since
