Sandhyarani Blames Previous Regime For Scrapping of GO 3 on ST Reservations
The court also held that the Governor’s powers under the Fifth Schedule do not extend to enacting new laws
Vijayawada: Tribal welfare minister Gummidi Sandhyarani on Thursday told the Assembly that the scrapping of GO Ms No. 3, which provided 100 per cent reservation to local Scheduled Tribes in teacher posts in Scheduled Areas, was due to the previous Y.S. Jagan Mohan Reddy government’s failure to effectively pursue the case in court.
Replying to a question from MLA Chirrri Balaraju during Question Hour, the minister said GO Ms No. 3, issued on January 10, 2000, restricted appointments and transfers of ST employees to Scheduled Areas. However, after the Supreme Court struck down the order in 2020, appointments and transfers are now being made in both tribal and non-tribal areas in line with general government norms.
She recalled that GO Ms No. 275 was issued on November 5, 1986, during the tenure of former Chief Minister Nandamuri Taraka Rama Rao, allotting all teacher posts in Scheduled Areas to STs. This was followed by GO Ms No. 3 promulgated by then Chief Minister N. Chandrababu Naidu under Paragraph 5(1) of the Fifth Schedule, ensuring 100 per cent reservation for local STs in educational institutions in Scheduled Areas.
Sandhyarani said the Supreme Court, in the Chebrolu Leela Prasad Rao vs State of Andhra Pradesh case in 2020, invalidated GO Ms No. 3, ruling that 100 per cent reservation violated Articles 14 and 16(4) of the Constitution and could not exceed the 50 per cent ceiling. The court also held that the Governor’s powers under the Fifth Schedule do not extend to enacting new laws. While upholding past appointments made since 1986, subject to conditions, the court cautioned against exceeding reservation limits in future recruitments.
The minister said nearly 40 lakh tribals were now awaiting an alternative arrangement to protect their interests. On the directions of Chief Minister N. Chandrababu Naidu, the government has held public consultations and gathered views from tribal associations, unions, legal experts and media representatives. These are under examination, and a brainstorming session with tribal representatives is being planned to explore constitutionally valid options, she added.