The Hindu : National : Quota cannot exceed 50 p.c. in State services

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Saturday, Jul 28, 2007
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Quota cannot exceed 50 p.c. in State services

J. Venkatesan

Supreme Court reaffirms ruling, rejects Orissa’s appeal

NEW DELHI: The Supreme Court on Friday reiterated its earlier ruling that the total reservation in State Government services for all communities, including Scheduled Castes and Schedules Tribes, cannot exceed 50 per cent.

A Bench of Justice A.K. Mathur and Justice Dalveer Bhandari thereby dismissed a special leave petition filed by the State of Orissa challenging an Orissa High Court judgment holding unconstitutional the reservation of 65.5 per cent provided by the State in Government employment. This order assumes importance in the context of the Tamil Nadu Government providing 69 per cent quota and including the legislation in the IX Schedule of the Constitution to keep it beyond judicial review.

In January, the apex court held that all laws included in the IX Schedule would be subject to judicial review. As a result, a batch of petitions questioning 69 per cent quota is pending adjudication before the court. Friday’s order dismissing Orissa’s appeal at the admission stage is likely to have a bearing on deciding these petitions.

In 1994, the Orissa Government provided reservation at the rate of 22.5 per cent for Scheduled Tribes; 16.25 per cent for Scheduled Castes and 11.25 per cent for socially and educationally backward classes (SEBCs) in filling Government posts at the time of initial recruitment. Subsequently, the quota for SEBCs was increased from 11.25 per cent to 27 per cent, thus taking the total reservation to 65.75 per cent.

In 1996 the State Service Commission made appointments in civil services on the basis of 65.75 per cent quota. A batch of petitions was filed in the State Administrative Tribunal. Quoting the Mandal case judgment (Indra Sawhney case) of 1993, the Tribunal held that the total reservation could not exceed 50 per cent and quashed such appointments. On appeal from the State, the High Court in April this year confirmed the order of the Tribunal. The present SLP by the State is directed against this judgment.

Extraordinary situation

The State contended that it was competent to provide reservation for appointment over and above 50 per cent taking into account the extraordinary situation inherent in the system and the peculiar features in the social, economic and physical infrastructure of Orissa, viz the degree of backwardness, low per capita income, low industrial growth and low literacy level.

A policy decision taking into account the public interest at large could not be interfered with by the Tribunal and the High Court confirming the order, it said.

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