ARUN MISHRA,J. -
(1.)In the reference, the validity of the Government Office Ms. No.3 dated 10.1.2000 issued by the erstwhile State of Andhra Pradesh
providing 100% reservation to the Scheduled Tribe candidates out of whom
33.1/3% shall be women for the post of teachers in the schools in the scheduled areas in the State of Andhra Pradesh, is under challenge.
(2.)Several questions have been referred for consideration in the order dated 11.1.2016. We have renumbered question nos.1(a)(b)(c) and (d) based on interconnection. The questions are as follows:
"(1) What is the scope of paragraph 5(1), Schedule V to the Constitution of India?
(a) Does the provision empower the Governor to make a new law?
(b) Does the power extend to subordinate legislation?
(c) Can the exercise of the power conferred therein override fundamental rights guaranteed under Part III?
(d) Does the exercise of such power override any parallel exercise of power by the President under Article 371D?
(2) Whether 100% reservation is permissible under the Constitution?
(3) Whether the notification merely contemplates a classification under Article 16(1) and not reservation under Article 16(4)?
(4) Whether the conditions of eligibility (i.e., origin and cut-off date) to avail the benefit of reservation in the notification are reasonable?"
(3.)The facts in the backdrop project that by G.O.Ms. No.275 dated 5.11.1986, issued by the Governor in exercise of power under para 5(1) of Schedule V to
the Constitution of India, directing the posts of teachers in educational
institutions in the scheduled tribe areas shall be reserved for Scheduled
Tribes only notwithstanding anything contained in any other order or rule
or law in force. The Andhra Pradesh Administrative Tribunal (for short "the
tribunal") quashed the notification by order dated 25.8.1989. The order was
questioned in this Court in C.A. Nos.2305-06/1991, which was dismissed as
withdrawn on 20.3.1998.