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Tamil Nadu Government moved Supreme Court challenging the Judgment of Madras High Court by which it declared Vanniyar reservation internally in government jobs and educational institutions as unconstitutional and an arbitrary micro classification. 

A Supreme Court bench of Justices Nageshwar Rao, Gawai and Nagarathna today issued notice in pleas challenging the Madras High Court judgment which had declared the 10.5% internal reservation to the Vanniyar community under the existing 20% reservation to Most Backward Classes by Tamil Nadu Government unconstitutional.

The bench further clarified that no appointments or admissions should be made by the State under the act providing the reservation.
The court also clarified that the existing appointments and admissions be not disturbed. The matters have been listed on 15th and 16th February for final hearing.

A Madras High Court bench of Justices M. Duraisamy and Muralishankar while holding Tamil Nadu government’s law stipulating 10.5% internal reservation for Vanniyars within 20% quota allocated to Most Backward Castes (MBCs) in government jobs and educational institutions as unconstitutional has noted that it is an arbitrary micro classification.

The batch of petitions challenging the law was earlier listed before a bench of Justice MM Sundaresh (prior to his elevation to the Supreme Court) and Justice Kannamal.

In February 2021, the Government of Tamil Nadu passed an act providing internal reservation of 10.5 % to the Vanniyar Community under the category Most Backward Classes within 20 % reservation for MBCs and De-notified Communities. The bill provides for special reservation of seats for members of Vanniakula Kshatriya in Education Institutions including private Educational Institutions in the State appointments or posts in the services in the State of Tamil Nadu. The act has been introduced in the Assembly and published in the Gazetee on the same day.

The State Government, passed the law even before submission of a report by a Commission constituted on December 21, 2020 under the chairmanship of retired High Court judge A. Kulasekaran to collect quantifiable data on castes, communities and tribes in the State within six months.

A writ petition challenging the constitutional validity of this act was filed before the Madras High Court.

The petitioners contended that after the insertion of the 102nd Amendment to the Constitution of India, the State Government has no power to identify/classify any community as Backward and it is the sole domain of the Parliament and hence, the impugned Act is in violation of the Articles 338-B and 342-A of the Constitution of India. Further, the appropriate authority to notify a caste will be the National Commission for Backward Classes which is Constitutional Body under Article 333-B of the Constitution of India, under the Ministry of Social Justice and Empowerment.

It was further contended that Article 340 of the Constitution specifically provides that the President may, by order, appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of Socially and educationally Backward Classes(SEBC) within the territory of India and the difficulties under which they work and make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties. The State of Tamil Nadu has granted internal reservation of 10.5% out of 20% for Vanniyar Community alone. This is over 50% earmarked for MBC. In addition, the classification made on a particular premise of offering a larger slot to Vanniyars in MBC, is not in accordance with law.

Case Title: PMK Vs Mayileruperumal