Case Note & Summary
The case involved multiple civil appeals challenging a common judgment by the High Court of Jharkhand, which declared the State's Notification and Advertisement for the appointment of Trained Graduate Teachers unconstitutional due to 100% reservation for local residents in Scheduled Areas. The appellants, local residents of Scheduled Areas, contested the High Court's ruling, arguing that the reservation was necessary for their upliftment and within the Governor's powers under the Fifth Schedule of the Constitution. The High Court found that the Notification violated Articles 14 and 16 of the Constitution, which guarantee equality and prohibit discrimination in public employment. The court ordered a fresh selection process for the advertised posts, allowing all eligible candidates to apply regardless of age barriers. The Supreme Court, while hearing the appeals, considered the arguments from both sides regarding the constitutional validity of the reservation and the powers of the Governor. The court ultimately upheld the High Court's decision, emphasizing that the reservation was unconstitutional and directed that the appointments made under the invalidated Notification be quashed. The court also highlighted the need for a fair selection process that does not discriminate against candidates from non-Scheduled Districts. The decision reinforced the principle that while special provisions can be made for Scheduled Areas, they must align with constitutional mandates and not infringe on fundamental rights.
Headnote
A) Constitutional Law - Reservation for Local Residents - 100% reservation for local residents in Scheduled Areas - Violation of Articles 14 and 16 - Constitution of India, 1950, Articles 14, 16(2), 16(3), 35(a) - The High Court declared the Notification and Advertisement unconstitutional, holding that such reservation infringes on the fundamental rights guaranteed under the Constitution. The court emphasized that the powers to make such reservations lie with Parliament, not the State Legislature. Held that the Notification was ultra vires and unconstitutional (Paras 5-5.1).
Issue of Consideration
Whether the Notification making 100% reservation for local residents in Scheduled Areas is unconstitutional and ultra vires.
Final Decision
The Supreme Court upheld the High Court's decision, declaring the Notification and Advertisement unconstitutional and quashing the appointments made under them. The court directed a fresh selection process for the advertised posts, allowing all eligible candidates to apply.
Law Points
- Constitutional validity
- Article 14
- Article 16
- Article 35
- Fifth Schedule
- local residency requirement
