The Hindu : Tamil Nadu / Chennai News : Court won’t stay quota ordinance

Online edition of India's National Newspaper
Thursday, Sep 27, 2007
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Tamil Nadu

Tamil Nadu - Chennai

Court won’t stay quota ordinance

Special Correspondent

7% reservation for Muslims, Christians

Government directed to file counter-affidavit within four weeks
“BC quota being carved out for political considerations”

CHENNAI: The Madras High Court on Wednesday declined to stay the operation of a State Ordinance providing for seven per cent reservation of seats/vacancies in education and employment to Muslims and Christians in Tamil Nadu.

The First Bench, comprising Chief Justice A.P. Shah and Justice P. Jyothimani, however, admitted the matter and ordered notice to the Government directing it to file a counter-affidavit within four weeks.

A rejoinder shall be filed within two weeks thereafter. It then adjourned the matter for further proceedings on November 19.

K.M. Vijayan, senior counsel for the petitioner, said though the Backward Classes in Tamil Nadu comprised over 46 per cent of the total population, they had only 30 per cent quota in employment and education. Carving out a sub-classification to benefit religious minorities was not permissible. The BC quota was being carved out for political considerations.

To demarcate share

Advocate-General R. Viduthalai said the over 37 lakh Christian population and 34 lakh Muslim population constituted about 10 per cent of the total population of the State, and were already enjoying the benefits of reservation. The ordinance sought to demarcate a particular percentage for them.

The Bench, observing it may not be possible to effect sub-classification of reservation without offending the Fundamental Right to Equality, however, made it clear that it would not interfere with its operation now. “We are not inclined to grant stay, as the matter needs to be discussed and examined in detail. We will admit the matter.”

In his petition, M. Loganathan of Coimbatore contended that exclusive reservation to one set of population among the Backward Classes against another set in the same class on the basis of religion was violative of constitutional provisions. Muslims and Christians were entitled to get the benefits of reservation not because they were minority communities but because they were recognised as Backward Classes.

“Mala fide”

The ordinance would prompt the other constituents of the BC category to demand similar sub-classification for them, the petitioner said, and added that the ordinance was mala fide and had been promulgated without discussion in the Legislature.

He sought to quash the ordinance, and as an interim measure, prayed for a stay on its operation.

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