The Hindu : Tamil Nadu / Madurai News : Courts cannot compel government to provide reservation

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Thursday, Feb 03, 2011
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Tamil Nadu

Tamil Nadu - Madurai

Courts cannot compel government to provide reservation

Staff Reporter

MADURAI: Courts cannot compel the government to reserve certain vacancies in government posts for Scheduled Castes and Scheduled Tribes if the special rules relating to those appointments do not provide for such reservation, the Madras High Court Bench here has said.

Justices N. Paul Vasanthakumar and R. Subbiah made the observation while dismissing a public interest litigation petition filed by an individual seeking reservation for SCs and STs, while filling up 77 vacancies under 23 categories in the Palani Dhandayuthapani Swamy Temple in Dindigul district.

The judges, however, made it clear that their order would not stand in the way of the government in amending the Tamil Nadu Hindu Religious Institutions (Officers and Servants) Rules and thereby providing reservation to the backward classes by invoking Article 16 (4) of the Constitution.

Writing the judgement, Mr. Justice Vasanthakumar pointed out that the special rules applicable for appointment of officers and servants in Hindu religious institutions do not provide for any kind of reservation. They only contain a rider that people following Hinduism alone would be eligible for appointments.

On the other hand, the Tamil Nadu State and Subordinate Services Rules do provide for reservation for Backward Classes, Most Backward Classes, SCs, STs, women, physically challenged and others. But these rules could not be applied to Hindu religious institutions governed by special rules.

Further, Article 16 (4) was an enabling provision that permits State Governments to provide reservation in favour of any backward class which, in their opinion, was not adequately represented in the services under the State. Hence, it was for the government to take a call on the present issue, the Bench said. The judges decided the case after rejecting a preliminary objection raised by the Hindu Religious and Charitable Endowments Department that a public interest litigation petition could not be filed in the present case which was more in the nature of a service dispute.

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