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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Service & Administrative LawSupreme Court of India

Chebrolu Leela Prasad Rao & Ors. v. State of A.P. & Ors.

Civil Appeal · 2020 INSC 344Decided 22 Apr 2020
Civil Appeal No. 3609 of 2002
Justice Arun Mishra · Justice Indira Banerjee · Justice Vineet Saran · Justice M.R. Shah · Justice Aniruddha Bose

Background

In 2000, the (undivided) State of Andhra Pradesh issued G.O.Ms. No.3, invoking the Governor's special power under Paragraph 5(1) of the Fifth Schedule to the Constitution, to reserve 100% of teacher posts in schools located in Scheduled Areas exclusively for local Scheduled Tribe candidates. This followed an earlier, similar notification from 1986 that had already been struck down. Non-tribal candidates challenged the fresh notification, and a split (2:1) Full Bench of the High Court had upheld it by majority. The matter was referred to a Constitution Bench of the Supreme Court to settle several questions about the Governor's powers and the permissible limits of reservation.

Decision Breakdown

The Supreme Court held that the Governor's power under Paragraph 5(1) of the Fifth Schedule is a power to adapt or modify existing laws of Parliament or the State Legislature for Scheduled Areas: it is not a free-standing power to create new subordinate legislation, and it cannot override the fundamental rights in Part III of the Constitution. It held that 100% reservation is constitutionally impermissible, reaffirming the 50% ceiling laid down in Indra Sawhney, and that providing reservation to one community to the complete exclusion of all others (including other backward and reserved categories) was arbitrary and violated Articles 14 and 16. The cut-off eligibility date of 26.1.1950 fixed in the notification was also held unreasonable. As relief, the Court quashed G.O.Ms. No.3 of 2000 but, considering 20 years had passed and the appointees were not personally at fault, conditionally protected appointments already made, while directing the successor States of Andhra Pradesh and Telangana never to attempt such an exercise again, on pain of losing that protection, and imposed costs of Rs. 5 lakh shared equally between the two States.

Lesson Learnt

Reservation in public employment, even when justified on grounds of historical disadvantage or local administrative need, cannot be extended to 100% of posts: some representation for other eligible candidates must always remain available, and the outer constitutional limit of 50% (with narrow exceptions) continues to bind even specially empowered bodies like a Governor acting under the Fifth Schedule.

Chebrolu Leela Prasad Rao & Ors. v. State of A.P. & Ors. – Legal Case Shots | LegalAware