SC declares Tamil Nadu's 10.5% reservation for Vanniyars as unconstitutional

The Supreme Court on Thursday quashed the Vanniyar community's quota in jobs and education in Tamil Nadu calling it "unconstitutional" and a violation of the right to equality.

The Supreme Court upheld the Madras High Court's judgment which earlier had cancelled the Tamil Nadu law-- "Vanniyar Reservation Act 2021" that gives 10.5 per cent reservation in jobs and education to the 'Vanniyar' community under the Most Backward Classes (MBC) category.

A bench presided over by Justice L Nageswara Rao declared the state statute of 2021 unconstitutional, Live Law reported.

"We are of the opinion that there is no substantial basis for classifying the Vanniyars in one group to be treated differential from the remaining 115 MBCs, and therefore the 2021 Act is in violation of Articles 14, 15 and 16 of the Constitution," the SC observed, as quoted by Live Law.

The apex court, however, said a state cannot be restricted from implementing internal reservation and caste can be the basis of it.

The AIADMK government had passed the Vanniyar Reservation Act in February last year, just before the state elections in April. The DMK, which came to power in the elections, implemented the quota.

The Tamil Nadu government, political party PMK and others had challenged the validity of the November 1, 2021 judgement of the Madurai bench of the High Court, which had declared Tamil Nadu Special Reservation of Seats in Educational Institutions and Appointments or Posts in Services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021 as ultra vires the provisions of the Constitution.

Madras High Court earlier had found that the state lacked the competence to allow such a sub-classification without any study of their backwardness.

"It is a violation of Article 14, 15, 16 (Right to equality; Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth; Equality of opportunity in matters of public employment)," said the court on a batch of petitions challenging the Madras High Court ruling.

Vanniyars are among the largest backward communities in Tamil Nadu, with significant political influence. They became the only community to be given a 10.5 per cent quota within the MBC (Most Backward Class) quota which is 20 per cent. More than 100 other communities were to share the remainder of the quota.

Tamil Nadu has 69 per cent reservation, 30 per cent for Backward Castes, 20 per cent for Most Backward Castes, 18 per cent for Scheduled Caste and 1 per cent for the Scheduled Tribes.