The Madurai Bench of the Madras High Court on Thursday directed the Tamil Nadu Backward Classes Commission not to take decision or discuss on providing internal reservation within the reservation provided for the Most Backward Classes at a meeting which is scheduled for May 31.
A Division Bench of Justices R. Suresh Kumar and R. Vijayakumar passed the order on a batch of petitions filed seeking direction to the authorities not to act on a communication with regard to the terms of reference number V of a government order.
The court was hearing the two separate petitions filed by M. Jebamani, Madurai president of the Denotified Tribes Welfare Association and A. Brasil, Thoothukudi secretary of the Tamil Meenavar Kootamaippu.
The petitioners said that the Tamil Nadu Backward Classes Commission had summoned its members for a meeting for consultation on the terms of reference of the commission. The terms of reference number V of the G.O. states that the commission shall examine and recommend upon the demand made by the various communities to provide for internal reservation within the reservation provided for the Most Backward Classes.
The petitioners said that the terms of reference number V of the G.O. was ultra vires the Constitution. The authorities have failed to comply with the Supreme Court judgment that the internal reservation of Most Backward Classes is a major policy decision and for which consultation with the National Commission of Backward Classes was mandatory.
The authorities ought to have waited for the caste-wise data collection to be submitted by the Commission appointed for the same before making the terms of reference number V. The petitioners sought a direction to the authorities not to act on a communication with regard to terms of the reference number V of the G.O..
