A five-judge Constitution Bench of the Supreme Court held that it is unconstitutional to provide 100% reservation for tribal teachers in schools located in Scheduled Areas across the country.
The court held that 100% reservation is discriminatory and impermissible.
The opportunity of public employment is not the prerogative of few.
A 100% reservation to the Scheduled Tribes has deprived Scheduled Castes and Other Backward Classes also of their due representation.
The court referred to the Indira Sawhney judgment, which caps reservation at 50%.
The case rose from a legal challenge to January 10, 2000 order issued by the High Court Bench.
Earlier, the erstwhile State of Andhra Pradesh issued an order in 2000 for the 100% reservation to the Scheduled Tribe candidates, out of whom 33.1/3% shall be women, for the post of teachers in schools located in the Scheduled Areas of the State.