CHENNAI: Reservation is an affirmative action taken by the State to compensate “historical injustice” done to several communities over the years, the Madras High Court has said. Justice K. Chandru, dismissing a writ petition seeking to quash a notification issued by the Tamil Nadu Public Service Commission (TNPSC) for District Educational Officers (DEO) posts, said: “There is no hostile discrimination… In fact, it is a historical injustice done to several communities over the years.
The State wants to compensate by way of an affirmative action, so that they can be brought under the mainstream and also adequately be represented in the State services.” Declining to quash the August 24 notification, the judge dismissed a writ petition filed by T.S. Chandrasekaran, who challenged it on the ground that it did not prescribe the upper age limit for candidates belonging to the SC/ST, BC and MBC.
The petitioner’s grievance that subject-wise notification did not include commerce was removed after the subject was included by the TNPSC later.
Rejecting the argument that the Fundamental Right to Equality had been violated, Mr. Justice Chandru said, “Articles 15 and 16 are an additional right conferred upon socially and economically backward classes, including Scheduled Castes, for which the State can make necessary privileges and special provisions.”
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