10.5% Vanniyar quota subject to our final order, says Madras HC

A bench comprising justices M M Sundresh and S Kannammal passed the interim orders on the pleas that challenge the constitutional validity of the Vanniyar Reservation Act 2021 that was passed in February earlier this year by the previous AIADMK government.

The Madras High Court on Wednesday declined to grant a stay against the 10.5% internal reservation for the Vanniyar community. However, the court clarified that admissions made in higher educational institutions and appointments made in government services will be subject to the final decision of the court on a batch of petitions challenging the same.

The court said people who are beneficiaries and the would-be beneficiaries of the enactment will have to be informed on the pendency of the writ petitions.

A bench comprising justices M M Sundresh and S Kannammal passed the interim orders on the pleas that challenge the constitutional validity of the Vanniyar Reservation Act 2021 that was passed in February earlier this year by the previous AIADMK government, just before the model code of conduct came into effect, ahead of the assembly elections held in April. The 10.5% internal reservation for Vanniyars is within the existing 20% reservation meant for the Most Backward Classes (MBC) in the state.

The court said people who are beneficiaries and the would-be beneficiaries of the enactment will have to be informed on the pendency of the writ petitions. “While observing, we clarify that it ultimately is for the court to decide the app relief based on the final decision on the validity of enactment by issuing appropriate directions,” the court said in the interim order.

The court allowed the beneficiaries of the impugned enactment, to file applications to be impleaded in the case. “We do feel that it will only serve the interests of one and all if it is made clear that any admissions made, likely to be made or appointments made, or likely to be made in pursuant to the impugned enactment, will be subject to the result of the final order to be passed. We have already clarified that this interim order will always be subject to final order”, said the interim order passed on Wednesday.

After the DMK formed the new government in May, the party issued a government order to fully implement the reservation following which the petitioners moved the court challenging its legal competency. Similar petitions are also pending with the Supreme Court.

The petitioner’s side of the argument is that with this reservation for Vanniyars other sub-castes coming under the “Vanniyakula Kshatriya” community at 10.5% will leave little room for the 25 other castes under the MBC. The state defended the enactment and submitted that institutions such as the Tamil Nadu Dr Ambedkar Law University had implemented the reservation and added that it would not affect the prospects of other communities.

The case has been posted for the final hearing on September 14.