SC refuses to refer appeals against HC order on Vanniyar quota to larger bench

The Supreme Court, on Wednesday, February 16, refused to refer to a larger bench a batch of appeals against a Madras High Court order which quashed the 10.5% reservation provided to Vanniyars, a Most Backward Community (MBC) in Tamil Nadu. The reservation was provided in government jobs and admission to educational institutions.

A bench comprising Justices L Nageswara Rao and BR Gavai said it has perused the judgements submitted and was of the view that the issue does not need consideration by a larger bench. "We are not inclined to the argument of referring the matter to a larger bench, you can start your arguments," the bench said.

The top court was hearing a batch of petitions filed by Tamil Nadu state, Pattali Makkal Katchi (PMK) and others challenging the November 1, 2021 judgment of the High Court quashing the reservation provided to Vanniyars, saying it was unconstitutional. The state Assembly had passed the then ruling AIADMK-piloted Bill providing internal reservation of 10.5% for Vanniyars, with the incumbent DMK government issuing an order in July for its implementation. It had split the aggregate 20% reservation for MBCs and denotified communities into three separate categories by regrouping castes and provided a 10% plus sub-quota for Vanniyars, formerly known as Vanniakula Kshatriyas.

The apex court, on Tuesday, had said that it will decide on the issue of referring the matter to a larger bench first without going into the merits of the case. Senior advocate Abhishek Manu Singhvi, appearing for Tamil Nadu, had submitted that the case involved constitutional issues and would require consideration by a larger bench.

The top court had earlier agreed to examine the pleas and said ‘admissions or appointments already made under the said quota will not be disturbed’. The apex court had 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.

"Is the state government empowered to do internal reservation. The Constitution has given enough explanation. The legislation providing for internal reservation is canceled," the High Court had said. The HC had also said that the state government cannot come out with such a legislation.