The Madras high court on Monday quashed the 10.5 per cent reservation provided to Vanniyars, a Most Backward Community (MBC) in Tamil Nadu, in government jobs and admission to educational institutions, saying it was unconstitutional.
The Tamil Nadu assembly had in February passed the then ruling AIADMK-piloted bill providing internal reservation of 10.5 per cent for Vanniyars, with the incumbent DMK government issuing an order in July this year for its implementation.
It had split the aggregate 20 per cent reservation for MBCs and Denotified Communities into three separate categories by regrouping castes and provided ten per cent plus sub-quota for Vanniyars, formally known as Vanniakula Kshatriyas.
"Is the state government empowered to do internal reservation. The Constitution has given enough explanation. The legislation providing for internal reservation is cancelled," Justice M Duraiswamy and K Murali Sankar who heard the batch of 50 petitions filed before the bench challenging the validity of the legislation, ruled.
The judges said the state government cannot come out with such a legislation. This had been explained in the Constitution.
The petitioners contended that if such a reservation was implemented, then the Vanniyar community would enjoy reservation in jobs and admission while 25 other castes under MBC and 68 others would have to share the remaining quota.
The government said there was no political motive behind the enactment of the legislation. It denied the legislation was passed hastily before the notification of the Assembly elections this year, held on April 6, in violation of legislative assembly rules.
The government has powers to make a policy to legislate any law during its tenure .
In fact petitions had been filed seeking internal reservation. The process of consultation for sub classification within 20 per cent earmarked for MBCs began in 2012.
Tamil Nadu BC commission had recommended 10.5 per cent reservation for vanniyakula Kshastriya community, after door to door enumeration.
The internal reservation will not affect other communities in MBC section, the government said.
Meanwhile, Pattali Makkal Katchi founder S Ramadoss, whose party claims to represent the interests of the Vanniyar community, urged the state government to move an appeal in the Supreme Court against today's HC verdict.
