Umamageswari Maruthappan
The Supreme Court of India is set to hear the matter relating to the 69% reservation policy in Tamil Nadu on 5th March 2021.
A similar petition has been pending before the Top Court since 2012, the Bench noticed while ordering for attachment of the latest plea filed by Tamil Nadu resident, Dinesh B. with the earlier one.
“It is brought to our notice that the validity of Tamil Nadu Reservation Act, 1993 is assailed in Writ Petition… of 2012 and is pending before this Court. In that case, we deem it appropriate to direct the Registry to place this writ petition along with Writ Petition… of 2012 before appropriate Bench on 5th March 2021 for consideration of interim relief and for other appropriate orders, as pressed in this writ petition,” the Bench of Justices AM Khanwilkar and Dinesh Maheshwari said.
The present petition challenges the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts in the Services under the State) Act of 1993 which provides for 30% reservation to the Backward Classes, 20% for Most Backward Classes and denotified communities, 18% for Scheduled Castes and 1% for Scheduled Tribes.
The main contention is that the said reservation policy infringes the fundamental principle of 50% reservation policy that was outlined by the Apex Court in the Mandal Judgement. Tamilnadu’s reservation scheme accounts for 69% which exceeds the ceiling specified in the 1992 verdict.
The application of the National Union of Backward Classes, SCs, STs and Minorities requesting to be a part of the pending proceeding will also be considered on 5th March.