Supreme Court will not stay 69 p.c. quota law of Tamil Nadu

October 25, 2008: The Hindu

New Delhi: The Supreme Court on Friday declined to stay the Tamil Nadu Backward Classes, Scheduled Caste and Scheduled Tribes (Reservation of Seats in Private Educational Institutions) Act, 2006, providing for 69 per cent reservation.

Justice Arijit Pasayat, heading a two-judge Bench, told senior counsel K.M. Vijayan, appearing for the Voice (Consumer Care) Council, “We will not grant stay, let the main petition itself be heard.¶

Mr. Vijayan argued that Tamil Nadu was the only State which failed to implement the apex court directions in the 1992 Mandal judgment — to identify and exclude the creamy layer from among the backward classes. As the court, in the ‘OBC quota judgment’ this April, categorically stated the creamy layer should be identified, he wanted the Bench to issue a direction to Tamil Nadu to identify the creamy layer. He also prayed for an interim stay of the 2006 Act.

Following a representation made by senior counsel M.N. Rao, who is appearing for the State, the Bench, which included Justice Mukundakam Sharma, directed that this petition be tagged with the one questioning the validity of the Tamil Nadu Backward Classes, SCs and STs (Reservation of seats in educational institutions and of appointment or posts in the services under the State) Act, 1993. That petition is pending before a three-judge Bench headed by Chief Justice K.G. Balakrishnan.

Though the 1993 law has been included in the 9th Schedule of the Constitution (to keep it beyond judicial review), the 2006 Act is yet to be included therein. Mr. Vijayan said the 93rd Constitution Amendment enabled the States to provide for reservation in private educational institutions by introducing Clause (5) to Article 15. Subsequently Tamil Nadu enacted the new law, which was contrary to the Mandal judgment, he said.

http://www.hindu.com/2008/10/25/stories/2008102556441300.htm