SC warns Telangana of contempt over delay in clearing fine of ₹2.5L

The cost was imposed by the apex court in an April 2020 judgment striking down a law passed by the unified Andhra Pradesh government reserving 100% teacher posts for local scheduled tribes in schools situated in their areas within the state.

The Supreme Court on Tuesday threatened to initiate contempt proceedings against the chief secretary of Telangana if the state government failed to deposit a cost of ₹2.5 lakh within two weeks.

The Telangana government had delayed paying its share of the cost as the top court in its judgment of April 22, 2020 apportioned the cost of ₹5 lakh to be paid equally by the states of Andhra Pradesh and Telangana. (HT)

The cost was imposed by the apex court in an April 2020 judgment striking down a law passed by the unified Andhra Pradesh government reserving 100% teacher posts for local scheduled tribes in schools situated in their areas within the state.

The Telangana government had delayed paying its share of the cost as the top court in its judgment of April 22, 2020 apportioned the cost of ₹5 lakh to be paid equally by the states of Andhra Pradesh and Telangana.

While Andhra had deposited the money with the court, Telangana had filed a review petition against the judgment claiming that at the time when the law in question was passed, the state was not formed.

On Tuesday, a SC bench of justices MR Shah and Aniruddha Bose said, “Tell us when you (Telangana) will deposit the amount otherwise we will issue contempt notice to your chief secretary.”

Advocate Akansha Mehra, who appeared for the state government, informed the court that it required two weeks’ time to make the payment. She pointed out that the state has filed a review challenging the judgment and was awaiting its outcome.

In its Tuesday order, the SC bench said, “The learned counsel appearing for the state of Telangana, has submitted that the amount shall be deposited within two weeks from today. Let the needful be done within two weeks from today, failing which the matter shall be viewed very seriously.”

The court further directed the Registry of the Supreme Court to transfer the amounts received from the two states to the Mediation and Conciliation Project Committee of the Supreme Court.

In its April 2020 judgment, the apex court struck down the law providing 100% reservation for local tribals in teaching posts as it breached the 50% ceiling fixed by the top court in the Indra Sawhney judgment of 1992. Of this, 33% posts were reserved for tribal women. The Court noted that passing such a law was an “illegal exercise” and it was made applicable retrospectively from 1986.

The AP government had justified the law claiming that there was heavy absenteeism of teachers in the schools operating in tribal villages and districts. It was to avoid this trend and ensure better education facilities for tribals, such a measure was adopted, AP government had argued before the top court.

Noting that some appointments were already made under the said Government Order issued on January 10, 2000, the judgment had held, “In the peculiar circumstance, we save the appointments conditionally that the reorganised states, i.e. states of Andhra Pradesh and Telangana not to attempt a similar exercise in future.”

Directing both states not to exceed the limits of reservation in future, the top court directed the states to bear the cost of appeals by the non-tribal candidates who had to first approached the Andhra Pradesh high court and then the Supreme Court to challenge the law. “The cost of appeal is quantified at ₹5 lakh and to be shared equally by the states of Andhra Pradesh and Telangana.”