Dr K. Krishnasamy, founder president of Puthiya Tamilagam, has approached the Madras high court seeking a direction declaring as ultra vires of the Constitution an Act providing for Tamil Nadu Arunthathiyars rerservation of seats in education institutions and appointmnents in state services within the reservation for Scheduled Castes.
A division bench of Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam ordered notice to the state government when the PIL came up for hearing.
The state has ensured 18 per cent reservation for the SC community through the Tamil Nadu BC, SC and ST (reservation of seats in educational institutions and of appointments or posts in the services under the state) Act, 1993, and the Tamil Nadu BC, SC and ST (reservation of seats in private educational institutions) Act, 2006, the PIL pointed out.
The Tamil Nadu Arunthathiyars (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 Scheduled Castes) Act, 2009, was brought in by the state government for special reservation of 16 per cent on preferential basis for certain castes among the presidential list of SCs out of the 18 per cent reservation provided for the SCs.
This has created havoc among the SC candidates and has caused gross arbitrariness, especially in the field of reservation of posts in the state service, Krishnasamy said.
The petitioner said he had given a representation to the authorities against the revised 200 point roster system but had got no response.
By giving the preferential reservation, the opportunities for the other SC in the list has drastically reduced, he said, adding that if this was continued the other 69 castes in the SC list will not get any opportunity for generations.
The grouping of Arunthathiyars, Chakkiliyan, Madari, Adiga, Pagadai, Thoti and Adi Andhra as Arunthathiyars was illegal and without jurisdiction and violative of Article 14 and 341 of the Constitution, Krishnasamy said.