The Madras High Court today issued notice to the Tamil Nadu government on a petition seeking to declare as null and void, the Tamil Nadu Arunthathiyars Act, 2009, providing three per cent special reservation for the community in educational institutions, including private ones.
The Act also provides for special reservation in appointments or post in services under the state within the reservation for Scheduled Castes.
The second bench, comprising justices Satish K Agnihotri and K K Sasidharan, acting on a petition by advocate G Saravana Kumar belonging to Scheduled Caste, directed the Secretaries of Departments of Home, Law, Adi Dravidar and Tribal Welfare, Personnel and Administrative Reforms, TNPSC, and Registrar General of the Court and the Chief Secretary to submit a reply within four weeks.
The petitioner who enrolled as a lawyer on June 24, 2009 aspiring to write the exam scheduled for the post of Civil Judges in Tamil Nadu, contended that the Schedule Caste Constitutional Order, 1950, has assent from the President and cannot be modified by the state which is not permissible by the Constitution.
He also contended that nobody has the right to alter or modify the basic structure of the Constitution.
He alleged that the Act introduced by the Tamil Nadu government divides castes in the Presidential list of Scheduled Castes community into two groups -- Arunthathiyars and Non-Arunthathiyars.
Any modification of the existing order could be done only by the President, he said.
The petitioner said the present modified Act amounts to altering the Constitution, which is not permissible.
He prayed for a direction from the court to declare the Act as null and void, saying it is ultra vires of the Constitution.
