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Tamil Nadu moves SC against HC order setting aside internal quota for Vanniyars
The high court said the quota violated the Constitution as it treats one caste- Vanniyars--differently and discriminates against others
The Tamil Nadu government and Paatali Makkal Katchi (PMK) have filed separate petitions in the Supreme Court challenging the Madras high court’s November 1 order setting aside 10.5% internal reservation for the Vanniyar community within the 20% quota for Most Backward Class.
In its plea, the government said it has acted diligently and the admission process will suffer as a result of the high court order while calling it erroneous. Advocate D Kumanan, representing the government, prayed the Supreme Court to grant special leave to appeal against the high court judgement and pass appropriate orders. The government has also sought interim relief such as a stay on the judgement.
The previous All India Anna Dravida Munnetra Kazhagam government introduced the reservation in jobs and education just before the model code of conduct came into effect in February ahead of the assembly elections. The quota was implemented after Dravida Munnetra Kazhagam formed the government in May. The high court said the quota violated the Constitution as it treats one caste- Vanniayars--differently and discriminates against others.
The government has argued the quota was enacted based on Tamil Nadu Second Backward Classes Commission’s “adequate, authenticated” data on the population of the MBCs and Denotified Communities. Retired bureaucrat J A Ambasankar led the commission, which submitted its door-to-door enumeration of the entire state’s population in 1985. “The caste-wise population data disclosed by Ambasankar Commission is the only authenticated data available as of now before the state and such data can be effectively used to plan for sub-classification within the backward classes,” the government said in its petition.
A quota under an existing reservation is called sub-categorisation.
The government cited the Supreme Court’s May 2021 judgement in the Jaishrilakshmirao Patil versus the Chief Minister and others case on the powers of the state to legislate for the identification of socially and economically backward classes. It added the judgment favoured the existing powers for special reservation and sub-classification within backward classes.
The apex court held the state’s power remains undisturbed to provide reservation to a particular community, caste. The state argued there is no necessity to consult the National Commission for Backward Classes. It said the high court referred to the 1992 Indra Sawhney versus Union of India case but did not follow a Supreme Court observation saying caste is often a social class in the country. “As such, a caste, which is socially and educationally backward may be classified as Backward classes,” the petition said.
The PMK, which counts Vanniyar as its core vote bank, filed two petitions in the Supreme Court. “One is by the party and the other has been filed independently by the party founder (S Ramadoss) as both are respondents in the original case in the high court,” said PMK spokesperson K Balu.
In his petition, Ramadoss argued internal quotas for Muslims and Arunthathiyars have been provided within the overall 69% reservation in Tamil Nadu and courts have upheld this.
