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The Government of Andhra Pradesh vs. M. Rama Rao & Ors.

Civil Appeal · 2023 INSC 565Decided 19 May 2023
Civil Appeal Nos. 3885-3886 of 2023
Vikram Nath · Ahsanuddin Amanullah

Background

The State of Andhra Pradesh had issued G.O.Ms. No.3 of 2000, giving 100% reservation to local Scheduled Tribe candidates for teacher posts in Scheduled Areas, later extended to promotions and given retrospective effect from 1986 through further memos. The Andhra Pradesh Administrative Tribunal struck down these orders, but the High Court of Judicature for Telangana and Andhra Pradesh reversed the Tribunal and upheld the government orders, prompting the State's appeal to the Supreme Court. Meanwhile, a separate batch of cases challenging the validity of the same G.O.Ms. No.3 had already reached a Constitution Bench of the Supreme Court.

Decision Breakdown

The Court noted that a five-judge Constitution Bench had already decided, in Chebrolu Leela Prasad Rao vs. State of Andhra Pradesh (2021), that 100% reservation under G.O.Ms. No.3 was unconstitutional because reservation cannot exceed the 50% ceiling, but had conditionally protected appointments already made, subject to the States of Andhra Pradesh and Telangana never repeating such an exercise. Since the principal G.O. had already been struck down, the Court held that the subsequent memos extending it to promotions and giving it retrospective effect automatically lapsed too, and nothing further survived for adjudication in this appeal. The appeals were accordingly disposed of as covered by, and in terms of, the Constitution Bench's ruling in Chebrolu Leela Prasad Rao.

Lesson Learnt

Reservation in public employment cannot exceed the constitutionally recognised 50% ceiling, and once a foundational government order granting excess reservation is struck down by a larger bench, every subsequent order built on it collapses automatically without needing separate re-litigation.

Official source (sci.gov.in)View Judgment (PDF)

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