SC Strikes Down 10.5% Internal Reservation To Vanniyars, Upholds Madras HC Order

In February last year, the then AIADMK-led Tamil Nadu government provided Vanniyar community with internal reservation of 10,5% under the exisiting 20% reservation to MBC.

Supreme Court | Credit: PTI

Chennai: The Supreme Court on Thursday upheld Madras High Court order to quash the state government order providing 10.5% internal reservation to Vanniyars, a Most Backward Community in Tamil Nadu. The SC also declared to strike down Vanniyar Reservation Act 2021 and said that the act was “unconstitutional”.

On Thursday, the petition by Tamil Nadu government and political party PMK seeking to quash Madras High Court order on November 1, 2021 revoking 10.5% internal reservation to Vanniyar came up for hearing before the bench of Justices Nageswara Rao and Bhushan Ramkrishna Gavai. 

The petitioners submitted Madras High Court order that said the decision to quash the order was erroneous in law and the state was empowered to provide quota in order to bring a community to the mainstream. 

For this, the bench said, caste can be a basis for providing internal reservation but it cannot be the sole reason. 

On 2021 Act, the bench said, there is no basis to treat Vanniyars as a separate group compared to others. Therefore, the bench said, "2021 is ultra vires to articles 14, 16 of Constitution".

In February last year, the then AIADMK-led Tamil Nadu government provided Vanniyar community with internal reservation of 10,5% under the existing 20% reservation to MBC. However, the reservation was challenged in Madras HC. Following this, Madras HC quashed the reservation in November 2021.