Q: Does the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violate the limit set by SC
Indira sahni vs union of india case 1992
The question regarding whether the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violates the limit set by the Supreme Court in the case of Indira Sawhney v. Union of India, 1992, is a nuanced one and would ultimately be determined through a detailed legal analysis involving various constitutional principles and judicial precedents.
In the Indira Sawhney case, the Supreme Court did indeed affirm that reservations under Article 16(4) should not exceed 50%, noting that keeping reservations within this limit ensures equality as articulated in Article 14 of the Indian Constitution. However, it also left room for certain exceptional circumstances where this limit could potentially be crossed.
With respect to the 50% reservation given to guest teachers in Madhya Pradesh, it is essential to look into the specific details of the policy, including the rationale behind such a high percentage of reservation, and whether there are extraordinary circumstances that necessitate this. If challenged, the courts would weigh the policy against the principles upheld in the Indira Sawhney case and other relevant case laws to determine its constitutionality.
Therefore, while on the surface it appears that a 50% reservation is at the maximum limit set by the Supreme Court, a conclusive legal opinion would depend on a deep analysis of the policy in light of the constitutional principles and precedents set by the judiciary. It is advisable to refer this matter to legal experts for a comprehensive understanding.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.