LAWS(MAD)-2022-1-97

R. PALANIAPPAN Vs. SECRETARY, LAW DEPARTMENT

Decided On January 19, 2022
R. PALANIAPPAN Appellant
V/S
Secretary, Law Department Respondents

JUDGEMENT

(1.) This Writ Petition has been filed challenging the notification dtd. 26/12/2021 issued by the third respondent University and to direct the third respondent to issue a fresh notification notifying the vacancies and the reservation for teaching and non-teaching posts, in accordance with the Tamil Nadu Government Special Reservation for Backward Classes, Scheduled Castes and Scheduled Tribes [Reservation of Seats in Educational Institutions].

(2.) By the impugned notification, the third respondent has called for application for appointment of Professors, Associate Professors, Assistant Professors and Assistant Director of Physical Education and notified MBC(V) as a clause of reservation. The Government of Tamil Nadu has passed a Bill on 26/2/2021 providing internal reservation of 10.5% to Vanniyar Community under the category of Most Backward Classes and an Act i.e., the Tamil Nadu Special Reservation of Seats in Educational Institutions including Private Educational Institutions and appointments or posts in the Services under the State within the Reservation for the Most Backward Classes and De-notified Communities Act, 2021, was enacted in Act 8 of 2021 which provided the internal reservation of 10.5% quota to Most Backward Classes (Vanniyar).

(3.) The said Act was challenged in W.P.No.15679 of 2021 etc., batch and the petitioner was also a party to one of the writ petitions i.e., W.P.No.19064 of 2021 in the batch. All those writ petitions were disposed of by the Hon'ble Division Bench of this Court on 1/11/2021 holding that Act 8 of 2021 is ultra vires of the Constitution of India and the same was quashed.