Madras High Court quashes law providing 10.5 pc special reservation to Vanniyars

The bench comprising Justice M Duraiswamy and K Murali Shankar declared the special reservation for the Vanniyakula Kshatriyas or Vanniyars and their sub-castes is ultra vires to the constitution of India.

The judges have also questioned the state government on how it could provide special reservations to a particular community of MBC without conducting any caste-based census.

The judges have quashed the said act introduced by the then AIADMK government and implemented by the current DMK government.

Advocate K Baalu who appeared in support of the reservation has pleaded before the bench to pause the order for a period of one week.

"Since the act is in place, several students and people of Vanniyar caste have enrolled into education and employment as per the reservation. As the HC order will hurt students and others enjoying the special reservation, it is essential to stay the order for a week. Therefore, they could approach the Supreme Court for relief," Baalu submitted.

However, the bench rejected Baalu's plea stating that the HC had already made it clear that admissions and appointments made through the special reservation are subject to the outcome of the writ petitions.

"Staying the order would further complicate the issue," the judges held.

When the act was introduced, more than 20 petitions, mostly representing other communities of the MBC section, had approached the HC challenging the exclusive reservation for Vanniyars.

The petitioners argued that if Vanniyars are taking 10.5% reservation, other MBC castes and Denotified Communities (DNCs) will be affected much.

"If 10.5% special reservation was given to Vanniyars, 25 communities in MBC and 65 DNCs will merely have the remaining 7% of the reservation under the MBC quota. It will hurt us a lot. It will also affect the harmony among other communities coming under the MBC," the batch of petitions cried foul.

They further said that the past government was in much hurry and passed the act keeping the state legislative elections in mind.

Pattali Makkal Katchi founder Dr S Ramadoss is also one of the petitioners in support of the special reservation.

He contended that the legislature was passed not merely for the sake of election and it was due to his years-long demand.