Institute of Legal and Management Studies

The Supreme Court recently clarified that, pending the issue of whether the reservation for the Scheduled Tribes community for the posts of Talathis can exceed 50% or not, the Maharashtra State Government would be entitled to fill in 50% of the total strength available from the reserved category for the recruitment of teachers in Zila Parishad Schools in tribal areas.

A bench comprising Chief Justice BR Gavai and Justice K. Vinod Chandran noted that by an order of the Court dated October 13, 2023, a statement was made before the Bombay High Court that although the recruitment has been initiated pursuant to the August 2019 notification reserving 100% posts for the Scheduled Tribes community for the Talathis (revenue posts), it is not likely to be concluded. The then Supreme Court bench was informed that this position would continue to the next hearing, where the Court had kept the matter for disposal. However, this position has continued to date, making the recruitment process in limbo.

Stating that the issue of reservation requires detailed consideration, the Court noted: "However, the immediate concern of the State Government is that in view of the order passed by this Court on 13th October, 2023 the entire process of recruitment of teachers in Zila Parishad Schools in tribal areas has come to a standstill and they are not able to fill facancies from reserved category even to the extent of 50%."

It directed: "We find that pending the consideration of the issue involved there should be no impediment if the respondent-State or the concerned Zila Parishad Schools are permitted to fill in 50% of the posts from the reserved category candidates. We, therefore, clarify that the respondent-State/Zila Parishad would be entitled to fill in 50% of the total strength available from the reserved category.

Needless to state that if the respondent-State/Zila Parishad Schools desire to fill in remaining posts from the open category candidate, the order dated 13th October, 2023 would also not come in the way of the State doing so."

The Special Leave Petition was filed by NGO Samajit Vikas Prabodhini in 2023, in which it challenged the constitutional validity of a 2019 notification. The plea was filed against the order of the Bombay High Court, which directed the petitioner to approach the State Administrative Tribunal.

Case Details: SAMAJIK VIKAS PRABODHINI v THE STATE OF MAHARASHTRA & ANR.|Petition(s) for Special Leave to Appeal (C) No(s). 22109/2023

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