Chennai: holding caste-based reservations cannot be established, Madras High Court has raised 10.5 percent of the Quota Law for Vanniyars, introduced by the Minutes of the Government of AIDMK before the General Election Commission announced the assembly selection of April 2021.
“Treating the Vanniyar community as a separate class of MBC Amounted to discrimination among the same caste category, “ruled the bench of the Justice Division M Duraiswamy and Justice K Murali Shankar on Monday.
The court decided to cancel the reservation as not constitutional on seven reasons, which included state competency to provide reservations based on caste, whether reservations can be provided without data that can be measured in the population, social-education status and representation of class-class backwards.
Holding that the basis of classification on behalf of caste is a clear case of treating it equally uneven, resulting in reverse discrimination in the MBC, the judges say: “We conclude that there is no data, data that is far more quantified, available with the state.
Before the introduction Invite, to show three degrees of different backwardness to make three sub-categories, as mandated by the Indra Sawney case, or there is data to show an inadequate group representation.
“Print MBC micro classification to MBC (Vanniars), MBC (DNC) and The other MBC was entirely arbitrary, the judges said there was absolutely no reason that was acceptable for the division.
There are no ingredients or data to distinguish MBC (V) from other MBCs as separate classes.
Treating one caste – Vannakula Kshatriya, including ‘Vanniyar’, ‘Vanniya’, ‘Vannia’ or ‘Kanday’ or ‘Kanday’, ‘Yoyachi’, ‘PALLLI’ and ‘Agnikula Kshatriya’ – as a separate class when treating a similar caste Different is discrimination, the judges held, adding that the laws derived categorize 6 sub-casttings and 115 other casts into two sets and tried to provide a higher proportion of orders in one caste and eliminate others.
More importantly, referring to the constitutional amendment of the Government Union which embed a state of power to include caste in the ordered list, the judges said: “Constitutional law (employment (102nd amendment), 2018, appears at 11.08.2018 and the Constitution (105) Amendments) Law, 2021, applied at 19.08.2021 and while the act of impuanned 8 of 2021 came in effect at 26.02.2021 and therefore, we argued that on the date of the enactment of action impuits, the state legislature did not have the power to enforce such laws and hence, the legislature of the state does not have the competence to pass the action impuned.
The legislature of the state does not have the competence to impose reservations of special seats Tamil Nadu in educational institutions including private educational institutions and appointments or possants in under the state in order for the most retarded class and the Denot Community Act Oid, 2021 “.
Also, in accordance with Article 31-B constitution, until the actions placed on the ninth schedule are changed or revoked by competent legislature, the action will continue to apply, the court said.
Therefore, without changing the 1993 action, bringing a special law to provide internal reservations to the Vanniyar community against constitutional provisions, the judges said.
When advice that argues to support state law trying to highlight the fact that discussing it will place a question mark on the prospect of the candidate who has been received under a quota of 10.5 percent, the court said: “It has been clarified while the receipt and appointments to provide a reservation subject to the results of the application.
Suspending the order will only make it difficult for this problem studied and valid commission reports have been submitted.