MADURAI: The Madurai Bench of the Madras High Court’s quashing of the 10.5 per cent internal reservation for the Vanniyar community has paved the way for a debate among students and those who secured jobs under the quota. Speaking to TNIE, retired Madras High Court judge Hari Paranthaman said providing reservation to a particular community without carrying out a proper survey is unconstitutional.
“Since 1931, the State hasn’t carried out a caste census. Though the court quashed the reservation, student beneficiaries who paid the fees and attended classes won’t be affected. The government will get permission to retain those students. But students who have not yet joined will be affected,” he said, adding that the MBC quota rank list for engineering and law admissions should now be re-published.
The retired judge also pointed out the Apex Court’s verdict saying Maratha community reservation in Maharashtra is unconstitutional. Meanwhile, All University Teachers Association president P Thirunavukkarasu said many government-aided colleges have appointed members from Vanniyar communities, subject to the court’s verdict. “Now, the government has to go back to the earlier 20 per cent reservation for MBC communities,” he said.
Students Federation of India State secretary S Veldeva said the previous AIADMK government had introduced the reservation for political reasons. “The internal reservation affected the prospects of people from other MBC communities. Plus, the government should ensure private companies implement the reservation policy,” he said.
Director of Technical Education (DoTE) Laxmi Priya said the counselling for engineering and B.Arch courses has been completed. “So far, 95,000 students have been admitted to various colleges. We have also implemented 10.5 per cent internal reservation for MBC (V) by mentioning the writ petition number... We are now waiting for a decision from the State government.”
Timeline
Dec 1, 2020 PMK takes to the streets seeking Vanniyar quota
February 26 AIADMK govt passes Bill providing for 10.5% reservation for Vanniyars
July 2 SC refuses to stay quota
July 26 DMK govt okays 10.5% quota for Vanniyars
July 29 Madras HC says it will take up pleas challenging Vanniyar quota
August 11 Judge recuses himself from case
August 25 HC refuses to stay admissions, appointments under quota
November 1 HC quashes internal reservation for Vanniyars
Key observations
1 The State passed the legislation without any quantifiable data on population, socio-educational status and representation of BCs. Even the commission formed by the government to collect quantifiable data on castes in December 2020 hasn’t submitted its report
2 As per the report of the Sattanathan Commission, 1970, the population of Vanniyars is high in Northern districts in TN, and low in the South. “In such a case, if 10.5% reservation is given to the Vanniyar Caste all over the State, it would prevent the other Most Backward Communities in getting admissions in the educational institutions and securing government employments,” they opined.
3 Moreover, the report of the Chairman of the JA Ambasankar Commission, relied upon by the government, also does not give a finding that Vanniyars are unable to compete with other castes in the MBC or DNT, the judges noted.