(Consumer Care) Council Vs. State of Tamil Nadu  INSC 956 (14 August
Reddy, B.P. (J) Jeevan Reddy, B.P. (J) Paripoornan, K.S.(J)
JT 1996 (7) 234 1996 SCALE (5)806
O R D
application is filed by the State of Tamil Nadu requesting for modification of the Order dated July 22, 1996 and to permit the State Government
to implement the provisions of the Tamil Nadu Backward Classes, Scheduled
Classes and Scheduled Tribes (Reservation of seats in Educational Institutions
and of appointments or posts in the Services under the State) Act, 1993.
Order dated July 22,
1996, this Court had
directed inter alia that "order dated 18.8.94 shall apply and continue to
apply for the academic year 1996-97 as well." This direction was made
because this Court was of the opinion that "the same order and directions
which were made for the academic year 1995-96 with respect to the extent of
reservation in the matter of admission to Medical, Engineering and other educational
institutions in Tamil Nadu shall be continued this year also." The purport
of the Order dated August
18, 1994 is this:
make the admissions applying the rule of 69% reservation in favour of Backward
Classes, Scheduled Castes and Scheduled Tribes. Second, the additional seats
created by virtue of the Orders of this Court be filled with the general
category candidates. The number of seats so created was equal to the number of
seats which the general candidates would have got if the rule of fifty percent
total reservation had been applied.
order in effect respected the rule of 69 per cent devised by the Government of
Tamil Nadu - and sanctioned by Tamil Nadu Act 45 of 1994 - while, at the same
time, removing the grievance of the. general category candidates by creating
additional seats for them for that year. In other words, the sanctioned
strength of seats in every college are being allotted exclusively in accordance
with the sixty nine percent reservation rule. Only the additional seats, which
are created by and only because of the Orders of this Court are being provided
to general category candidates on the basis of merit, which category includes
Backward Classes, Scheduled Castes and Scheduled Tribes as well. It is
significant to notice in this connection that according to the figures supplied
by the Government of Tamil Nadu for the Academic Years 1993-94 and 1994-95,
more than eighty percent of the seats in the general category are being taken
away by the students belonging to Backward Classes on the basis of their own
merit. As fully explained and illustrated in the Order dated August 18, 1794, the students belonging to Backward
Classes are getting fifty percent of the total seats on the basis of
reservation and more than 80 per cent of the seats in the general category
[open competition category] on the basis of their own merit.
is no reason to believe that the situation is different this year. Thus, the
bulk of the additional seats directed to be created by this Court year after
year (since 1994-95) are again going to students belonging to Backward Classes.
The Order of this Court is thus not only upholding the rule of fifty percent
ceiling on reservation affirmed by the Special Bench of this Court in Indra Sawhney
v. Union of India [1992 Suppl. (3) S.C.C.217] but is in truth operating to the
advantage and benefit of a number of Backward Class student Many of the
Backward Class students, along with certain other candidates belonging to
non-reserved categories, who would not have otherwise got admission into these
courses, are getting seats by virtue of these Orders.
yet it is surprising to note that the Government of Tamil Nadu has chosen to
ask for modification of the order dated July 22, 1996. The said order is only
interlocutory in nature. Pending decision of the several constitutional and
legal questions raised in these matters, it was supposed to be an equitable
order harming no one. If at all, it benefitted some who would not have been
able to obtain admission otherwise and surely that fact cannot be a ground of
grievance for the State of Tamil Nadu.
Only as an interim measure, certain additional seats are being created and they
are being allotted to general category candidates - which Tamil Nadu really
means providing the bulk of them to students belonging to Backward Classes.
not wish to refer to or comment upon several averments made in this application
with respect to the alleged negligence and inaction of the previous Government
of Tamil Nadu nor with the other submissions mentioned therein since none of
them are really relevant for the purposes of this application. The main
argument before us was based upon the aforesaid Tamil Nadu Act and its
inclusion in the Ninth Schedule to the Constitution. We have already dealt with
the said argument. Accordingly, we see no reason to modify our order dated July 22, 1996. IA is dismissed.
shall be open to the State of Tamil Nadu to
request the Hon'ble the Chief Justice of India for an early posting of these
matters, which have already been referred to the Constitution Bench.