Updated: August 11, 2021 11:54:02 am
The Tamil Nadu government on Tuesday justified its order providing 10.5 per cent internal reservation exclusively for Vanniyars in the State.
The Tamil Nadu Act 8 of 2021 was enacted in compliance with the Constitution and other applicable laws and on the basis of adequate data disclosed by the reports of the Tamil Nadu Backward Classes Commission. As such, implementation of the impugned Act is not barred in any manner, the counter-affidavit filed by the State Chief Secretary, Law Secretary and the secretary of the BC, MBC Welfare department said.
It would not, in any way, affect the prospects of the members of the other MBCs, BCs and DCs (denotified communities), the counter added.
As regards the interim prayer for a direction to take up enumeration of caste data in the state, the counter said the same is not maintainable in view of the judgment of the Supreme Court delivered in 2015, wherein such a direction issued by the Madras High Court for enumeration of caste data in census had been set aside.
The batch of PIL petitions from individuals and some caste-based outfits challenged the legislation passed by the then AIADMK government, headed by Chief Minister K Palanisamy, just before the model code of conduct for the April 6 Assembly polls came into force in March this year.
Petitioners alleged that if the GO was allowed to be implemented, all the petitions challenging its validity would become infructuous. If the reservation was allowed to be implemented, Vanniyars and other sub-castes coming under ‘Vanniyakula Kshatriya’ community would enjoy exclusive 10.5 per cent reservation in admission to higher education and government services while other 25 castes under MBC and 68 under DC will have to share a meagre seven per cent of the remaining reservation. It would create enmity among the communities falling under MBC category, the petitioners further contended.
When the matter came up before the first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu today, the latter opted out from hearing the case.
Hence, the CJ said the case will be heard some other day, after inducting a new judge.
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