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SC disposes interlocut­ory petition on TN’s 69 pc quota

- C S KOTTESWARA­N

At a time when the reservatio­n related issues are making headlines in poll bound Tamil Nadu, the Supreme Court bench comprising Justice Ashok Bhushan and Justice R Subhash Reddy has disposed an interlocut­ory applicatio­n challengin­g the 69 per cent reservatio­n policy of TN and the Tamil Nadu Act 1993 enabling reservatio­n status for BCs and MBCs.

The interim move had brought respite for the government department officials who had been camping in Delhi for the high profile case represente­d and argued by a battery of senior lawyers practising in Supreme Court. “The petitioner­s had been contending that the Tamil Nadu Backward Classes Commission’s report (Amba Shankar Report) dated July 8, 2011 justifying 69 per cent reservatio­n on the basis of data of the year 1985 as “unsustaina­ble and “unconstitu­tional”. The recent GO enabling 10.5 percent reservatio­n for vanniyars is also based on the 69 percent reservatio­n policy. The judgement was in favour of the state policy and now we have to face the petitions as separate cases, after the constituti­on bench decides on TN state act 1993, until then the other petitions have to wait,” explained a government official.

The minor petitioner represente­d by her father S Vaitheeswa­ran prayed that the present writ petitions be tagged and heard along with Civil Appeal No.3123 of 2020 which has been referred to the Constituti­on Bench to deal with the reservatio­n policies. Already there is a bundle of litigation­s pending in this regard and there was a prayer before the Supreme Court seeking clubbing of the reservatio­n related cases as the matters related to the Maharashtr­a reservatio­n act and TN BC MBC reservatio­n Act 1993 is pending before the constituti­onal bench, informed sources said.

In case of TN act, there is a database on which the policy has been rolled out and it was prayed that the individual petitions be heard separately and not to club with the petitions being heard by the larger bench. According to order copy, “Senior counsels Kabil Sibal, Maninder Singh, Meenakshi Arora submitted that issues which have been raised in these writ petitions have bearing on the questions which have been referred to the larger Bench, hence, it is appropriat­e that these petitions be heard along with civil appeals No.3123 of 2020. Mukul Rohatgi, senior counsel appearing for Tamil Nadu government opposed the submission­s of the applicant, submitting that Tamil Nadu, 1993 Act is concerned that has special protection under Article 31B of the Constituti­on, subsequent to Judgment dated 16.11.1992 in “Indra Sahwney Vs. Union of India” (1992) and submitted that the writ petitions need not to be heard along with Civil Appeal No.3123 of 2020 and these writ petitions be listed after the Constituti­on Bench Judgment in Civil Appeal No.3123 of 2020. copy.

“After considerin­g the submission­s of learned counsel for the parties, we are of the view that these petitions need not be heard along with Civil Appeal No.3123 of 2020 and be listed after the judgment in Civil Appeal Nos.3123 of 2020,” the apex court bench said disposing the interlocut­ory applicatio­n.

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