CHENNAI: The State government has decided to continue with 69 per cent reservation in education and employment opportunities for various communities without excluding the creamy layer from the quota. The State Cabinet meeting chaired by Chief Minister J Jayalalithaa on July 11 took a decision to this effect based on a report by the State Backward Classes Commission with quantifiable data on the communities in Tamil Nadu.
The report by Justice MS Janarthanam, Chairman of the BC Commission, said the legislation by the AIADMK regime headed by Jayalalithaa in 1994 for implementing 69 per cent reservation is flawless and the ratio specified in this Act — BCs (30 pc), MBCs (20 pc), SC (18 pc) and ST (one pc) — is correct taking into account the population of each of the above communities. Besides, the BC Commission is of the view that there is no need for excluding the creamy layer from the reservation.
The State Cabinet deliberated on the report of the BC Commission in detail on July 11 and decided to continue with 69 per cent reservation without excluding the creamy layer and a notification in this regard was issued with immediate effect.
The Supreme Court in its verdict on November 11, 1992, in the Mandal Commission cases ruled that reservation should not exceed 50 per cent and to continue the State’s 69 per cent reservation, the AIADMK regime enacted legislation in 1993 and got it included in the Ninth Schedule of the Constitution. While hearing petitions on the validity of this legislation, the apex court in July 2010 said if reservation was to exceed 50 per cent, it should be based on quantifiable data in respect of the communities concerned.