The Hindu : Front Page : State justifies 69 % reservation

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Friday, Jan 11, 2008
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State justifies 69 % reservation

J. Venkatesan

No violation of basic structure of the Constitution, Supreme Court told

Existing reservation is excessive: petitioner
Four weeks time given to file rejoinder

New Delhi: Tamil Nadu has justified in the Supreme Court enactment of the Tamil Nadu Backward Classes, Scheduled Caste and Scheduled Tribes (Reservation of Seats in Educational Institutions) Act, 2006, providing for 69 per cent reservation in educational institutions in the State.

In its response to the petition filed by Voice (Consumer Care) Council challenging the 93rd Constitutional Amendment that enabled the States to provide for reservation in private educational institutions by inserting Clause (5) to Article 15 of the Constitution and the subsequent quota law introduced by Tamil Nadu, the State said this law would not violate the basic structure of the Constitution.

When the matter came up for hearing on Thursday before a Bench of Justice Arijit Pasayat and Justice P. Sathasivam, counsel for the petitioner sought time to file rejoinder and the Bench granted four weeks. On the petitioner’s allegation that “vote politics in this country wants to preserve reservation policy,” the counter affidavit said “reservation is not based on caste alone.” It was provided to socially and educationally backward BCs, SCs and STs.

It said “access to education is important in order to ensure advancement of persons belonging to SCs, STs and SEBCs. At present, the number of seats available in aided or State-maintained institutions, particularly in respect of professional education, is limited in comparison to those in private unaided institutions.”

The petitioner had said, “Already the reservation in the State is excessive. The situation is that 94 per cent of the total seats go the reserved category in which 80 per cent of the ‘open category’ seats are secured by persons belonging to the ‘other backward classes,’ thereby creating discrimination in admission to educational institutions, which is prohibited under Article 29 (2) of the Constitution.”

Refuting this, the State said, “This averment is imaginary and not supported by facts and figures. Assuming without admitting the averment that a large number of meritorious seats are secured by the BCs, it is submitted that 69 per cent of seats are filled up by candidates belonging to reserved categories and the remaining 31 per cent seats are filled up by open competition.”

It said “BCs form 88 per cent of the State’s population who are suffering from social and educational backwardness for many years. Further, BCs are able to secure more marks by utilising the concessions provided to them and thereby secure seats in the open competition by dint of their merit. This situation cannot be taken as an advantage to allege that the quota law as constitutional fraud.”

On exclusion of ‘creamy layer,’ the State said, “It would be impossible to remove the real creamy layer as dubious methods are adopted by vested persons to remain out of the creamy layer and it is a practical experience that such an exercise would only affect salaried people.” The 1994 law providing for 69 per cent quota was already pending in the Supreme Court, the State pointed out and sought dismissal of this petition.

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