The government is well within its powers while enacting legislation for providing special reservation of three per cent to Arunthathiyars out of 18 per cent given to Scheduled Castes in educational institutions and government employment, Advocate General P.S. Raman argued before the Madras High Court Bench here on Tuesday. He made the submission while contesting two public interest litigation petitions challenging the Constitutional validity of the Tamil Nadu Arunthathiyars (Special Reservation of Seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the Services under the State within the Reservation for Scheduled Castes) Act, 2009.
Arguing the matter before a Division Bench, comprising Justice N. Paul Vasanthakumar and Justice R. Subbiah, the Advocate General rejected the petitioners' contention that the State legislature had violated Article 341(2) of the Constitution, under which only Parliament had the power to include or exclude any caste, race or tribe from the list of Scheduled Castes.
“We have not included or excluded any group from the list. Just like giving reservation for different groups falling under Backward Classes as recognised by the Supreme Court in Indira Sawhney's case, we have regrouped the people falling under the Scheduled Castes and provided them special reservation. If there are no qualified candidates among Arunthathiyars in those three per cent, it will go back to other SCs,” he said.
Mr. Raman also stated that the Arunthathiyars Act was passed on the basis of a report submitted by a one man-commission appointed by the government. The commission had recommended three per cent reservation for seven caste groups — Arunthathiyar, Chakkiliyan, Madari, Madiga, Pagadai, Thoti and Adi Andhra — collectively called as Arunthathiyar community.
