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.