Madras HC quashes 10.5% Vanniyar quota, Law is Unconstitutional

Madras High Court Unconstitutional Law quota Vanniyar Reservation

Chaini Parwani –

Published On: November 2, 2021 at 17:00 IST

The Madras High Court observed that the 10.5 percent Special Internal Reservation granted to Vanniyars, a most Backward Community (MBC), and its sub-castes in Government Posts and Educational Institutions to be Ultra Vires to the Constitution. (What is Reservation in Government Jobs?)

A Division Bench comprising Justices M Duraiswamy and K Murali Shankar adjudicated the Court and interrogated the State Government’s decision to grant Special Reservation to a certain MBC community without the backing of a caste-based Census.

Approximately 20 Petitions were filed with the Madras High Court opposing the Vanniyars’ Special Reservation and challenged the case of other MBC communities who were not considered for the Reserve. 

The Court stated “There is nothing on record to establish that the State Government had deliberations with all the stakeholders, especially, those communities who would be affected by the impugned act.”

Further the Petitioners claimed that a 10% reservation for Vanniyars would have a consequential impact on 25 other MBC communities and 65 Denotified Communities (DNC). 

The Court added that “It is a settled position of law that Caste alone cannot be the basis for any classification” and the Supreme Court in the 1992 Indra Sawhney Judgment made this clear.

The All India Anna Dravida Munnetra Kazhagam (AIADMK)-led Government had granted the Vanniyar Reservation Act previously before the model Code of Conduct for the April Assembly Elections were effective.

Advocate K Baalu, a well-known lawyer with the Pattali Makkal Katchi (PMK), a party in the AIADMK-NDA Alliance with a noteworthy number of Vanniyar votes, pleaded that the order be adjourned for a week to provide them time to file an Appeal in the Supreme Court. 

Further the Bench declared explicitly that Special Quota admissions and appointments are dependent on the consequence of the Writ Petitions.

Also Read: Madras High Court: No stay on Appointments under 10.5% Vanniyar Quota

Madras HC seeks SG’s response on Vanniyar Reservation

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