PATTALI MAKKAL KATCHI Vs. A. MAYILERUMPERUMAL

JUDGEMENT

(1.) Leave granted. The Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021 was declared as unconstitutional by the High Court of Madras, Madurai Bench by a judgment dtd. 1/11/2021. The correctness of the said judgment is challenged in these appeals.

(2.) Communal representation in public services existed in the Madras Presidency prior to the Constitution of India coming into force. The Madras High Court declared G.O. Ms. No. 3437 dtd. 21/11/1947, by which communal representation was provided, as unconstitutional.The said judgment of the High Court was upheld by this Court in State of Madras v. Srimathi Champakam Dorairajan 1951 SCR 525. This Court held that the classification made in the said G.O. proceeded on the basis of religion, race and caste and constituted a violation of the fundamental rights guaranteed under Article 29(2) of the Constitution of India. On 18/6/1951, Article 15(4) was inserted by the Constitution (First Amendment) Act, 1951, enabling the State to make any special provision for advancement of socially and educationally backward classes. Consequent to the judgment of this Court, G.O. Ms. No. 2432 dtd. 27/9/1951 was issued by the Madras State adopting a 20-point roster, with three seats reserved for Scheduled Castes and Scheduled Tribes and five for Backward Classes, amounting to 15 per cent reservation for Scheduled Castes and Scheduled Tribes together and 25 per cent for Backward Classes. On 30/12/1954, G.O. Ms. No. 2643 was issued increasing reservation for Scheduled Castes and Scheduled Tribes combined to 16 per cent and Backward Classes to 25 per cent. By G.O. Ms. No. 353 dtd. 31/1/1957, the State Government made a sub-classification amongst Backward Classes. 'Most Backward Communities' were identified and educational concessions were extended to them. There were 58 communities in the list of 'Most Backward Communities', with Vanniakula Kshatriyas listed at serial No. 1.

(3.) The State Government appointed a Backward Class Commission under the Chairmanship of Shri A.N. Sattanathan, by G.O. Ms. No. 842 dtd. 13/11/1969 "to make a scientific and factual investigation of the conditions of backward classes in the State and recommend specific measures of relief for their advancement". The Commission submitted its report in November, 1970, recommending reservation of 33 per cent of posts under the State Government for Backward Classes as well as of seats in professional and educational institutions. After considering the recommendations of the said Commission, the State Government, by G.O. Ms. No. 695 dtd. 7/6/1971, enhanced the existing reservation for Backward Classes from 25 per cent to 31 per cent and that for Scheduled Castes and Scheduled Tribes from 16 per cent to 18 per cent with respect to seats in all kinds of educational institutions under Government, local body and aided managements and posts for recruitment to public services. On 1/2/1980, the reservation quota for Backward Classes was enhanced to 50 per cent for appointment to posts in services and admissions to educational institutions under the State Government.