The Madras High Court Bench here today ordered notice to authorities on a petition by M H Jawahirullah, MLA, seeking to implead himself in a plea which sought a direction for declaring as unconstitutional a state government law providing reservation for Christians and Muslims belonging to Backward Classes in education and jobs.
The petitioner submitted that Justice Rajendra Sachar Committee report had made it clear that social, economic and educational status of the Muslim community in India was more backward than any other backward class citizens.
Besides the State Backward Commission, after a detailed examination of the status of Muslims and Christians belonging to backward classes, recommended reservation to them, following which 3.5 per cent reservation was provided.
On the basis of a request from Christian community, the 'Tamil Nadu Act 33 of 2007 Backward Class Christians and Backward Class Muslims (Reservation of Seats in Educational institutions and of appointments or posts in the services under the State)' was amended whereby reservation of 3.5 per cent for Backward Class Christians was removed.
Once a particular class was identified as backward class, the fact that it happened to be a caste or religion was irrelevant.If the plea filed by one M Thirumalai was allowed, the legitimate rights of the Muslim community would be gravely affected, the Ramanathapuram MLA said.
A division bench of Justice N.Jaichandran and Justice R.Mahadevan ordered notice to Thirumalai and Secretary to the Backward Classes and Most Backward Classes and Minorities Welfare Department seeking their reply within eight weeks.
Thirumalai submitted that in 2007, the state promulgated an ordinance providing 3.5 per cent reservation each for BC Christians and BC Muslims within the existing 30 per cent reservation for BCs. Subsequently, at the request of Christians, the quota for BC Christians was repealed but the quota for BC Muslims continues to be in vogue, he said.
The petitioner contended that the Act, which has been in force for the past seven years, has immensely affected the rights and prospects of OBCs in Tamil Nadu as only 26.5 per cent reservation was available for them and prayed for declaring it unconstitutional.
