SC gives Telangana 2 weeks to deposit Rs 2.5 lakh imposed while quashing 100 pc ST reservation for teaching posts
Jun 07, 2022
New Delhi [India], June 7 : The Supreme Court on Tuesday granted two weeks to the Telangana government to deposit the cost of Rs 2.5 lakh imposed on it while declaring the government order issued by the erstwhile state of Andhra Pradesh of providing 100 per cent reservation to the Scheduled Tribe (ST) candidates for the post of teachers in the schools in the scheduled areas as unconstitutional.
A vacation bench of Justices MR Shah and Aniruddha Bose asked the Telangana government to deposit the cost within two weeks otherwise the matter shall be viewed "very seriously".
The bench in its order stated, "The State of Telangana has not deposited the amount of Rs. 2.5 lakh so far. Akanksha Mehra, learned counsel appearing for the State of Telangana, has submitted that the amount shall be deposited within two weeks from today. Let the needful be done within two weeks from today, failing which the matter shall be viewed very seriously."
"On such deposit, the Registry is directed to transfer the said amount to the Mediation and Conciliation Project Committee (MCPC). With the above directions, the miscellaneous applications stand disposed of," it added.
It took into note that the State of Andhra Pradesh has deposited Rs 2.5 lakh cost as imposed by the apex court and directed that the same amount be transferred to MCPC.
The cost was imposed on April 22, 2020, after a five-judge Constitution bench had quashed the year 2000 government order issued by the erstwhile pre-bifurcated Andhra Pradesh government providing for 100 per cent reservation of teachers post for the STs in the schools located in the predominantly tribal area.
The top court by its April 2020 order while quashing a government order providing for 100 per cent reservation of teachers post for the ST had imposed a cost of Rs. five lakhs which was divided equally between Andhra Pradesh and Telangana.
Andhra Pradesh has already deposited the cost with the top court registry.
The five-judge Constitution bench headed by Justice Arun Mishra (since retired) and comprising Justice Indira Banerjee, Justice Vineet Saran (since retired), Justice MR Shah and Justice Aniruddha Bose had said that 100 per cent reservation for STs in the teacher's posts in the schools located a predominantly tribal area was not permissible and no reservation could exceed the limit of 50 per cent as fixed by the top court in Indra Sawhney case on November 16, 1992.
