10.5% Vanniyar Reservation Case: Madras HC Orders That Every Admission, Appointment Will Be Subject To Final Outcome Of Challenge [Read Order]

The Madras High Court on Wednesday ruled that every admission made in educational institutions or appointment in public posts by implementing the 10.5% internal reservation for Vanniakula Kshatriyas, will be subject to to the final outcome of the writ petitions challenging the validity of such reservation.

The interim order was passed by a Bench comprising Justices MM Sundresh and S Kanammal in a batch of writ petitions challenging the validity of the Vanniyar Reservation Act of 2021 passed in February thus year for providing for the internal reservation within the 20% meant for Most Backward Classes (MBCs).

The Bench also made it clear that the instant interim order must be made known to every beneficiary of the law and that those beneficiaries in education and employment could also get impleaded in the huge batch of cases filed in the High Court against the legislation. They would also be given an opportunity to put forth their arguments in favour of the law, the Court noted.

On Wednesday, the Court also permitted the impleading petition filed by advocate K. Balu of Pattali Makkal Katchi (PMK) in support of the law.

Advocate General R Shunmugasundaram appearing for the State submitted before the Court that there lies a presumption towards the constitutionality of the impugned legislation and that the 127th constitutional amendment would facilitate the validity of the Act. He further contended that attempts have been made to get interim orders before the Supreme Court as a result of which it could not be said that there was no occasion to seek interim order at an earlier point of time. He also apprised the Court that some of the educational institutions had already implemented the law in admissions. Accordingly, he opposed the grant of any kind of interim orders.

Dismissing such a request, the Court observed,

"We do feel that it would only serve the interest of one and all if it is made clear that any admissions made, likely to be made or appointments made or likely to be made pursuant to the impugned enactment will be subject to the result of the final order to be passed in the writ petitions. We have already clarified that this interim order will always be subject to the final order and, therefore, the Court can pass appropriate orders even at that point of time notwithstanding the ultimate conclusion arrived at"

Enumerating upon the power of the Court to grant such interim orders despite the proposed constitutionality of the legislation, the Court opined,

"When a challenge is laid to the constitutionality of an enactment, the Court is weighed with the principle governing presumption. Such a presumption though be termed as ''shall'', after notice and if the Court is of the view that there is a need to grant appropriate interim orders then the same can be done"

Furthermore, the Court held that the mere pendency of the cases before the Apex Court would not act as a bar for issuance of an interim order.

Directions Issued

i. Admissions made or to be made in tune with the impugned enactment (Act 8 of 2021) would be subject to the result of the final order to be passed.

ii. It is clarified that it is well open to the Court to pass appropriate orders on the admissions made in the interregnum and also the appointments as this order is only by way of interim arrangement.

iii. It is well open to the persons to get either admissions or appointments being the beneficiary of the enactment to file appropriate applications before this Court seeking to implead themselves.

iv. The impleading petitions filed are accordingly allowed.

v. The newly impleaded respondents can file their pleadings within a period of two weeks from the date of receipt of a copy of this order.

vi. The petitioners shall make a publication in any one of the leading Daily both in vernacular and English indicating the pendency of the Writ Petitions.

The matter has been listed for final hearing on September 14.

Case Title: VV Saminathan v. Government of Tamil Nadu and ors

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