Supreme Court Issues Notice On Plea Challenging Sub-classification Of Scheduled Tribes As Mizo & Non-Mizo For Reservation Benefits In Mizoram

The Supreme Court on Monday (July 17) issued notice on a plea challenging rules for reservation in selection to higher technical courses in Mizoram.

The impugned notification issued by the State in 2021 sub-classified scheduled tribes of Mizoram into the majority Zo(Mizo) tribe for whom 93% of seats were reserved, whereas 1% of seats were for Non-Mizos comprising Chakmas and communities residing permanently in Mizoram. An additional requirement of passing Class XI, XII from Mizoram was imposed on them. The petitioners challenged the notification as being violative of Articles 14, 15, 16( 4) and 21 of the Constitution of India.

The petitioner Mizoram Chakma Students Union submitted that the State's decision will deny all Chakma students and other non-Zo Scheduled Tribes (STs) access to higher & technical education and further increase the educational gap between majority Mizo tribals on one side and the minority non-Mizo tribal people on the other side. After the Gauhati High Court dismissed the PIL filed by the Union, they approached the Supreme Court.  

Senior Advocate Aditya Sondhi, assisted by Advocate-on-Record Vikram Hegde, represented the petitioners before a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra. 

Sondhi pointed out that the judgment of the Constitution Bench of the Supreme Court in E. V. Chinnaiah v. State of Andhra Pradesh(2005) -which declared that sub-classification of SC/STs was impermissible-  still holds value as a precedent, despite the fact that in State of Punjab vs Davinder Singh (2020), another Constitution Bench referred the matter to a 7-judge bench. However, the High Court dismissed the PIL saying that parties will be bound by Davinder Singh verdict.

The bench issued notice on the matter returnable on July 24, 2023.

Sub-classification of ST held to be unconstitutional in EV Chinnaiah case contended, Petitioner

The petitioners contended that the notification was ex-facie unlawful as sub-classification of Scheduled Tribes has been held to be unconstitutional by a Constitution Bench of the Supreme Court in Chinnaiah.

The petitioners submitted that reservations fail to serve the purpose of achieving social justice as 93 % of seats for higher technical education have been exclusively reserved for Zo ethnic tribe or the majority Mizos. On the other hand, a mere 1 % of seats have been designated for (Non-zo) residents of the State of Mizoram who are socially and educationally backward.

Discriminatory towards Non-Mizo scheduled tribes of the state violative of Art.14,15 contended Petitioner

The petitioners contended that the impugned notification is unconstitutional as it is discriminatory and violates the right to equality of all persons guaranteed under Article 14 and 15 of the Constitution. They are discriminatory towards candidates belonging to the Non-Mizo Scheduled Tribes of the state.

They further contended that additional requirements were imposed for one group of Scheduled Tribes of Mizoram, and not for others.

A similar notification already struck down by Guwahati HC in 2019

The petitioners referred to Gauhati High Court judgment in 2019 which had observed that "the impugned Rule placing children of non-Zo-ethnic people of the State of Mizoram in Category-II cannot be sustained. It is further observed that they have to be placed along with Zo-ethnic people of the State of Mizoram. Correspondingly, liberty is granted to the State of Mizoram to refix the percentage of seats to be reserved for the categories of candidates as finding mention in Rule 5.

Case title: Mizoram Chakma Students Union v Union of India

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