Internal reservations within a particular group liable to have intervention by apex court

Q The Punjab government has divided SC reservation into two parts, (i) SC (Ravidasia and Other) and (ii) SC (Mazbi and Balmiki). Due to this fact, cut-off marks of SC (Ravidasia and Other) go almost equivalent to unreserved castes. On the other hand, in the case of other SC (Mazbi and Balmiki), they do not get a sufficient number of qualified persons even. Prima facie this is a case where the interest of SC Ravidasia and others getting affected due to bifurcated reservation. I request you to help me understand the legal position.

— Balvir Kumar, Ludhiana

The judgment of the Punjab & Haryana High Court regarding the internal reservation made by the government among the Scheduled Castes is a subject matter of appeal and pending before the Supreme Court. The Madras High Court had also quashed the internal reservation of 10.5 per cent made in favour of the Vanniyar Community within the 20 per cent provided for Most Backward Classes.

The State of Tamil Nadu has moved the Supreme Court against this judgment. Similarly, 3.5 per cent reservation given to the Arunthathiyinar community within the 18 per cent reservation for Scheduled Castes in Tamil Nadu is also a subject matter of litigation before Madras High Court.

In the Andhra Pradesh case, the Supreme Court in E.V.Chinnaiah Vs. State of Andhra Pradesh reported in 2005 (1) SCC 394 has disapproved the scheme of internal reservation within a particular group. Unless that judgment is reversed, all internal reservations within a particular group will also become suspect and be liable for intervention by the Supreme Court.