Civil Appeal No. 3609 of 2002
Schedule 5 of the Constitution of India
The brief facts of the case are that the Governor of the Andhra Pradesh has directed that the posts of the teachers in the educational institute in the schedule tribe areas shall be reserved for schedule tribes only notwithstanding anything contained in any other order or rule or law in force. This notification was quashed by the Andhra Pradesh Tribunal. But later on another notification was promulgated to amend the appointment of non-tribal to hold the posts of the teachers in the schedule areas till such time the qualified local tribal were not made available. The new notification was issued by the Government it was notified that the 100% reservation in respect of the appointment to the posts of teachers in the scheduled areas. Aggrieved by the this the writ petition was filed in HC and later on in SC.
The appeal was allowed and it saved the appointments made so far conditionally with the aforesaid riders. It is directed to the State of Andhra Pradesh not to exceed its limit. Conditions for the reservation were held unreasonable. The cost of appeal will be equally shared among State of Andhra Pradesh and Telangana.
Section 37 and 48 of the Partnership Act
Rule 3A Order 23 CPC, Section 34 of Specific Relief Act