E V CHINNAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The validity of the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 (A.P. Act 20 of 2000) was challenged before the High Court of Andhra Pradesh at Hyderabad which came to be dismissed by a five-Judge Bench by a majority of 4:1. The Court having certified the case as being fit for appeal to the Supreme Court, these appeals are now before us after the same was referred to a Constitution Bench by an order of this Court dated 25.6.2001. The facts necessary for the disposal of these appeals without reference to previous litigations are as follows: The State of Andhra Pradesh (the State) appointed a Commission headed by Justice Ramachandra Raju (Retd.) to identify the groups amongst the Scheduled Castes found in the list prepared under Art. 341 of the Constitution of India by the President, who had failed to secure the benefit of the reservations provided for Scheduled Castes in the State in admission to professional colleges and appointment to services in the State.

(2.) The report submitted by the Commission led to certain litigations and a reference being made by the State to the National Scheduled Castes Commission. We will not dilate on these facts since the same are not necessary for the disposal of these appeals. Accepting the report of Justice Ramachandra Raju Commission (supra), the State by an Ordinance divided the 57 castes enumerated in the Presidential List into 4 groups based on inter se backwardness and fixed separate quotas in reservation for each of these groups. Thus, the castes in the Presidential List came to be grouped as A, B, C and D. The 15% reservation for backward classes in the State in educational institutions and in the services of the State under Arts. 15(4) and 16(4) of the Constitution of India for the Scheduled Castes were apportioned amongst the 4 groups in the following manner:

(3.) The said Ordinance came to be challenged before the High Court by way of various writ petitions as being violative of Arts. 15(4), 16(4), 162, 246, 341(1), 338(7), 46, 335 and 213 of the Constitution of India as also the Constitution (Scheduled Castes) Order, 1950 notified by the President of India and the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. During the pendency of the said writ petitions, the State Government replaced the Ordinance with the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 (A.P. Act 20 of 2000) ("the Act") on 2.5.2000. The impugned Act was on the same lines as Ordinance 9 of 1999. Consequently the Act was also challenged and as stated above the petition being dismissed these appeals are now before us.