Govt duty-bound to revise list of SC/STs to extend reservation to needy within classes: Supreme Court

"It can be done without disturbing percentage of reservation so that benefits trickle down to the needy"

The Supreme Court on Wednesday said that it was imperative for the government to revise the list of Scheduled Castes and Scheduled Tribes so that benefits of reservation can be extended to the needy and the deserving ones among them.

A five-judge bench presided over by Justice Arun Mishra noted that there is a struggle within reserved classes of Scheduled Castes and Scheduled Tribes and other backward classes, as to worthiness for the entitlement.

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"Now there is a cry within the reserved classes. By now, there are affluents and socially and economically advanced classes within Scheduled Castes and Scheduled Tribes. There is voice by deprived persons of social upliftment of some of the Scheduled Castes/Tribes, but they still do not permit benefits to trickle down to the needy," the bench said.

The top court agreed to a contention by senior advocate Rajeev Dhawan that the government was required to revise the lists.

"It can be done presently without disturbing the percentage of reservation so that benefits trickle down to the needy and are not usurped by those classes who have come up after obtaining the benefits for the last 70 years or after their inclusion in the list," the bench, also comprising Justices Indira Banerjee Vineet Saran M R Shah and Aniruddha Bose, said.

The court said the government is duty-bound to undertake such an exercise as observed in Indra Sawhney (1992 Mandal case by nine-judge) and as constitutionally envisaged.

"The Government (is) to take appropriate steps in this regard," the bench said.

The apex court made this recommendation on Wednesday as it declared that providing 100% reservation in favour of the Scheduled Tribe candidates for the post of teachers in scheduled area of Andhra Pradesh was constitutionally impermissible, arbitrary, unreasonable and violative of the fundamental rights of citizens.

Read: 100% reservation for STs in scheduled areas impermissible - SC

Citing the Indra Sawhney judgement, the top court pointed out that it was held that the State Lists adopted to provide reservations by the government are not meant to be sacrosanct and unalterable.

There may be cases where Commissions appointed by the State may have, in their reports, recommended modification of such lists by deletion or addition of certain castes, communities, and classes. Where such reports are available, the state government is bound to act on that basis with reasonable promptitude, the bench said.