HC refrains from passing interim orders in quota case

Cannot take cognisance of Vanniyar reservation issue on the basis of oral submissions: court

July 29, 2021 01:47 am | Updated 01:47 am IST - CHENNAI

The Madras High Court on Wednesday refused to pass any kind of interim order on the basis of oral submissions that the State government was gearing up to implement the 10.5% internal reservation for the Vanniakula Kshatriya community in medical and engineering college admissions.

Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy told advocate A. Rajini that they could not take cognisance of the issue on the basis of oral submissions. They, however, decided to hear in the second week of August all cases filed against the internal reservation law.

Advocate-General (A-G) R. Shunmugasundaram informed the judges that so far, 23 writ petitions had been filed in the principal seat of the High Court, five at the Madurai Bench and four more in the Supreme Court challenging the reservation law passed this February.

Stating that the Supreme Court had refused to pass any kind of interim order on those cases, and had expressed its mind that they should be heard first by the High Court, the A-G said he was ready to argue the matter whenever the court would deem it fit to take up the cases.

The A-G also told the judges that an oral mentioning had been made before them due to a government order (G.O.) issued on Monday. The G.O. does nothing but fix the roster system to be followed by the Tamil Nadu Public Service Commission (TNPSC). It is a regular development, Mr. Shunmugasundaram said.

The court was informed that the Tamil Nadu 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 the Most Backward Classes and Denotified Communities Act of 2021 had already come into force.

28 pending petitions

Mr. Shunmugasundaram said the law got implemented in April, with the Tamil Nadu Dr. Ambedkar Law University following it to make admissions to law courses. He urged the court to take up all 28 petitions pending before it for hearing anytime.

The law passed by the Assembly, minutes before the model code of conduct came into force for the election this year, provides 10.5% reservation for Vanniakula Kshatriyas (including Vanniyar, Vanniya, Vannia Gounder, Gounder or Kander, Padayachi, Palli and Agnikula Kshatriya) within the 20% reserved for MBCs & DNCs.

It categorises a host of other MBC and DNC castes into two categories. The first category was given 7% reservation and the second the rest of the 2.5% quota in education and public employment.

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