A three-judge bench headed by Justice L Nageswara Rao, however, said admissions or appointments already made under the said quota will not be disturbed.

Supreme Court of India, New Delhi
news Court Friday, December 17, 2021 - 09:13

The Supreme Court on Thursday agreed to consider a batch of appeals against a Madras High Court order which quashed the 10.5 per cent reservation provided to Vanniyars, a Most Backward Community (MBC) in Tamil Nadu, in government jobs and admission to educational institutions. A three-judge bench headed by Justice L Nageswara Rao, however, said admissions or appointments already made under the said quota will not be disturbed.

The top court further directed that no fresh appointments to state government services or admissions to educational institutions should be made till February 15, the next date of hearing in the case. The bench, also comprising Justices B R Gavai and B V Nagarathna, asked the advocates on both sides to prepare their pleadings and organise three lawyers from either side to make convenient compilations of the records and arguments.

The top court was hearing a batch of petitions filed by the state of Tamil Nadu, Pattali Makkal Katchi (PMK) and others challenging the November 1 judgement of the high court quashing the reservation provided to Vanniyars, saying it was unconstitutional. The Tamil Nadu Assembly had in February passed the then ruling AIADMK-piloted bill providing internal reservation of 10.5 per cent for Vanniyars, with the incumbent DMK government issuing an order in July this year for its implementation.

It had split the aggregate 20 per cent reservation for MBCs and denotified communities into three separate categories by regrouping castes and provided ten per cent plus sub-quota for Vanniyars, formerly known as Vanniakula Kshatriyas.

"Is the state government empowered to do internal reservation. The Constitution has given enough explanation. The legislation providing for internal reservation is cancelled," the high court had said.

The high court had said the state government cannot come out with such a legislation. This had been explained in the Constitution.

The petitioners in high court had contended that if such a reservation was implemented, then the Vanniyar community would enjoy reservation in jobs and admission while 25 other castes under MBC and 68 others would have to share the remaining quota.

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