Vanniyar quota: Madras high court refuses to stay operation of internal reservation
Chennai, Aug 25: The Chennai High Court on Wednesday declined to grant a total stay against the 10.5 per cent Vanniyar quota but held that admission in higher educational institutions and appointment in government services will be subject to the outcome of the batch of petitions challenging the same.
More than 25 lawsuits have been filed against the law. The petitions allege that the law was passed for political gain just hours before the assembly election was announced.
The Tamil Nadu government responded by saying that 10.5 per cent reservation was given to the Vanniyars based on the 1983 caste census.
The Attorney General Shanmugasundar, appearing for the State of Tamil Nadu, argued that no interim order should be issued as the Vanniyar Reservation Act has already been implemented during the admission of law students.
Senior counsel Vijayan, appearing for the petitioner, contended that only the President of the Republic has the power to identify and list the castes to be included in other backward classes and that the State Legislature has no power to legislate in this regard.
The head of the Backward Classes Welfare Commission recommended that the government provide 10.5 per cent without consulting others, and stressed that there should be a ban on separate reservation in education as there is already adequate reservation for Vanniyars.
He asked that as there was no such thing as temporary student admission, only 20 per cent of student admissions should follow this academic year and that the appointment should be ordered to be subject to the final judgment of the case.
The judges, who later ordered, said it was not possible to say that a restraining order could not be sought at an early stage as there had already been an attempt to obtain a restraining order in the Supreme Court, adding that student enrollment in some educational institutions was over. Other companies have also noted that progress is being made.
Noting that the beneficiaries of this Act should be informed of the details of this case, they have ordered that the student admission and appointments made under this Act are bound to the final judgment of this case.
The case was adjourned to September 14 for a final hearing.