CHENNAI: The Madras High Court on Wednesday ordered that admissions and appointments that have already been made, and the ones that are further to be made, under the 10.5 per cent internal reservation for the Vanniyar community, will be subject to the outcome of the final order of the court.
Passing an interim order on a batch of petitions praying for an interim stay on the quota, Justices MM Sundresh and S Kannammal stated: “We do feel that it will only serve the interests of one and all if it is made clear that any admissions made or likely to be made, or appointments made or likely to be made, in pursuant to the impugned enactment, will be subject to the result of the final order to be passed.”
Allowing the petitions, the court clarified that it may pass orders on appointments and admissions being made before its final verdict is delivered. The impleading petitioners were given two weeks’ time to file their pleas, and the matter was posted for September 14.
Earlier, representing the State government, Advocate General R Shanmuga Sundaram said that after the enactment, the Act was given effect and the government law college in Chennai has implemented it for admissions to courses. Stating that the Supreme Court and the first bench of Madras High Court have already refused to pass an interim stay on the quota, he said, “Now, all of a sudden the petitioners want to press for some interim order, which is totally unfair.” He also suggested fixing an early date for final hearing.
Senior counsel KM Vijayan, representing the writ petitioners, pressed for an injunction on admissions in educational institutions. He also challenged the enactment of the law by the State legislature and stated that there was malafide intention as the enactment was hurried in February.
“In matters relating to education, I request an injunction on any kind of admissions, and matters relating to service, provisionally made, must be subject to result of final order,” he stressed.
The previous AIADMK government had passed an act providing for 10.5 per cent reservation for the Vanniyars in February shortly before the model code of conduct came into force, during the run-up to the State Assembly polls.
After assuming power, the DMK government issued GOs, giving effect to the legislation and to enable reservation in educational institutions and public services. Several organisations representing other most backward classes voiced against the reservation saying that it would deprive their legitimate opportunities.