Constitutional law - Litigating Hand

Chebrolu Leela Prasad Rao & Ors. vs. State of A.P. & Ors. [Civil Appeal No. 3609 of 2002]: Supreme Court of India

A reservation that is permissible by protective mode, by making it 100 percent would become discriminatory and impermissible

134. A reservation that is permissible by protective mode, by making it 100 percent would become discriminatory and impermissible. The opportunity of public employment cannot be denied unjustly to the incumbents, and it is not the prerogative of few.   The citizens have equal   rights,   and   the   total   exclusion   of   others   by   creating   an opportunity for one class is not contemplated by the founding fathers of the Constitution of India.   Equality of opportunity and pursuit of choice   under   Article   51­A   cannot   be   deprived   of   unjustly   and arbitrarily.  As per the Presidential Order, the citizens of the locality and outsiders were entitled to 15 percent of employment in the district cadre in terms of clause 10 of Article 370(1) (d) of the Constitution. Thus, the G.O. does not classify but deals with reservations. It was contrary to the report sent to the President by the Governor, which indicated even the posts which were reserved for scheduled tribes teachers, they were not available as such Tribes Advisory Council decided to fill them from other non­local tribals.