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PETITIONER: VOICE (CONSUMER CARE) COUNCIL

       Vs.

RESPONDENT: STATE OF TAMIL NADU

DATE OF JUDGMENT:       14/08/1996

BENCH: JEEVAN REDDY, B.P. (J) BENCH: JEEVAN REDDY, B.P. (J) PARIPOORNAN, K.S.(J)

CITATION:  JT 1996 (7)   234        1996 SCALE  (5)806

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      This 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.      By 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:      First 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.      This 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

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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. There  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. And 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.      We do  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.      It 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.