Chennai: The Madras HC has ordered notice to the government on a petition challenging the Tamil Nadu Arunthathiyars (special reservation of seats in educational institutions including private educational institutions and of appointment of posts in the service under the state within the reservation for SC) Act 2009.
Petitioner G. Saravana Kumar, an advocate belonging to the SC community, contended that it violated the Scheduled Caste Constitutional Order of 1950. The Act, which came into force in April 2009, provides 3 per cent reservation exclusively to Arunthathiyars among the reservation for SCs.
The Act takes away the rights of a majority of SCs, he alleged. Kumar planned to appear for a competition examination for the post of civil judge on November 1 and 2, 2014.
“With the Act in force, there is the least chance for appointment to the post,” he stated in the writ petition.
As per rule 3 of the Act, reservation was accorded to Arunthathiyars within 16 per cent seats reserved for SCs. This creates a separate group among the SC community and is not permissible under the Constitution, the petitioner said.
Kumar sought the court to declare the Act null and void. As an interim relief, he prayed to the court to stay the operation of the Act pending disposal of the writ petition.
A division bench, comprising justices Satish K. Agnihotri and K.K. Sasidharan, ordered notice to the government and posted the matter after four weeks.
