Supreme Court Constitution Bench led by Justice Arun Mishra to continue hearing on matter pertaining to the issue whether 100 % reservation in teachers posts can be made in favour of Scheduled Tribes in schools situated in scheduled areas in state except Assam, Meghalaya, Tripura and Mizoram. The central issue is whether 100 per cent reservation in this regard would be ultra vires of the Constitution.
Article 244 of constitution & the Fifth schedule were referred. It was submitted that notification was issued by the Governor under Schedule V Para I of the Constitution. It was submitted that special Legislations must pass the rationality test.
Respondent argued that there are three issues which are of great relevance while analysing reservations and they are – extreme discrimination, extreme disadvantage and sharing power of the state. They also said that since we know there exists a symbiotic relationship between teachers and students in schools of Scheduled Areas, so the significant question is who is going to be a better teacher to these students? Definitely, one who speaks their language looks like them.
At last, explaining the treatment and sufferings of the children of the Scheduled Tribes it was requested that we must look beyond the statistics and the barometer of temporarily & extent of Reservations need to be considered in wake of totality.
-India Legal Bureau