Case Note & Summary
The Government of Andhra Pradesh issued G.O.Ms. No.3 dated 10.01.2000 providing for 100% reservation in favour of local scheduled tribe candidates for the post of teacher in all schools situated in Scheduled Areas. Subsequently, two memos were issued on 19.12.2009 and 01.01.2010 by the Principal Secretary to Government, Tribal Welfare Department and Commissioner of Tribal Welfare respectively, stating that the G.O. would apply to promotions also and would have retrospective effect from 05.11.1986. The Andhra Pradesh Administrative Tribunal set aside these memos. The High Court of Judicature for the State of Telangana and State of Andhra Pradesh allowed the writ petitions and upheld the validity of the memos, holding them to be explanatory and consequential in nature and not in contravention of the G.O. The State of Andhra Pradesh appealed to the Supreme Court. The Supreme Court heard the matter ex parte as none of the respondents appeared. The Court noted that the High Court had correctly held that the memos were explanatory and consequential, and therefore valid. The Supreme Court dismissed the appeals, upholding the High Court's judgment and the validity of the memos.
Headnote
A) Service Law - Reservation - 100% Reservation for Local Scheduled Tribes - G.O.Ms. No.3 dated 10.01.2000 provided 100% reservation for local scheduled tribe candidates for the post of teacher in all schools situated in Scheduled Areas. Memos dated 19.12.2009 and 01.01.2010 extended the same to promotions and gave retrospective effect from 05.11.1986. The High Court upheld the memos as explanatory and consequential. The Supreme Court affirmed, holding that the memos did not contravene the G.O. and were valid. (Paras 4-6) B) Service Law - Retrospective Effect - Validity of Retrospective Operation - The memos giving retrospective effect from 05.11.1986 were held valid as they were explanatory and consequential in nature, not introducing a new policy but clarifying the existing G.O. (Para 5)
Issue of Consideration
Whether the memos dated 19.12.2009 and 01.01.2010 extending 100% reservation for local scheduled tribe candidates to promotions and giving retrospective effect from 05.11.1986 are valid and not in contravention of G.O.Ms. No.3 dated 10.01.2000.
Final Decision
The Supreme Court dismissed the appeals, upholding the High Court's judgment and the validity of the memos.
Law Points
- Reservation
- Scheduled Tribes
- Local Candidates
- Promotions
- Retrospective Effect
- Explanatory Memos
