In Brief
Jharkhand issued notifications (2016) reserving 100% of teaching posts in 13 Scheduled Districts for local residents for 10 years. Non-local candidates challenged this under the Fifth Schedule to the Constitution. The Supreme Court, upholding the High Court, held that the Governor's power under Paragraph 5(1) of the Fifth Schedule is not absolute; it cannot override fundamental rights under Part III, including Articles 14 and 16(2). The 100% reservation violated these rights and was ultra vires. The Court followed the binding precedent in Chebrolu Leela Prasad Rao. However, exercising discretion under Article 142, instead of directing fresh recruitment (causing teacher shortages), the Court directed preparation of a revised merit list based on already-published cut-offs, allowing candidates from both Scheduled and non-Scheduled Districts to be considered on merit for the entire State.
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