RESERVATION – ONLINE EXAM NOTES

Disclaimer : The entire hint notes given under are collected from various sources and we are not responsible for any discrepancies. The notes are only to give you a guidance / light over the topics in the syllabus published already in this website. Relevant details may be please be collected from the referred sources and reference books. The syllabus as well as this brief hint notes are to make the candidates aware of their Constitutional and Statutory Rights. We do not have any other intention or motive in the given contents.

PART - III

Reservation Provisions

  1. Candidates may go through Article 14, 15, 16 338A, 338B, 340 and 342A of the Constitution of India with Special focus on Article 15(1) to 15(6) and 16(4-A). (you may refer the Constitution of India book or Google Content). All the above provisions of the Constitutions as well as the following Judgements of the Supreme Courts of India will give you a clear picture on the rights of OBCs, reservation and relevant matters.
  2. First and Second Backward Classes of Tamil Nadu
      • a) First Backward Class under the chairmanship of Shri.A.N.Sattanathan Commision:
        First Backward Class Commission under the chairmanship of Shri.A.N.Sattanathan was appointed by the State Government to make scientific and factual investigation on the condition of backward class classes in the State and to recommend (GO MS.No 842 dated 13.11.1969). There were three Members under him. The Commission commenced its function on 15.11.1969 and gave its report in November 1970, recommending reservation of 33percent of posts under the State Government for Backward Classes as well as of seats in professional and educational institutions. After considering the recommendation of the said commission, the State Government by GO MS.No 695 dated 07.06.1971 enhanced the existing reservation for Backward Communities from 25percent to 31percent and that for Schedules castes and schedules Tribes from 16percent to 18percent with respect to seats in all kinds of educational institution under Government, local body aided managements and posts for recruitment to public services.
      • b) Tamil Nadu Second Backward Classes Commission:
        Tamil Nadu Second Backward Classes Commission was appointed by the Government on 13.12.1982 (GO MS No:3078 dated 13.12.1982.) The said Commission was headed by J.A.Amba Sankar IAS(Rtd.,). There were 21 Members including the Chairman. The said Commission was asked to verify the list and recommend measures for the development of BC Communities. The Commission made its recommendations on the basis of 3 criterions.
        • Education
        • Social
        • Economic

    The Chairman of the Commission Mr.Amba Sankar recommended compartmental reservation on the basis of different groupings and provided mechanism for the implementation of the same. Out of 20 members, who were there at the time of giving report in 1985, five members refused to sign in the report expressing resentment, 14 members of the Commission differed from the views expressed by the Chairman of the Tamilnadu Second Backward Class Commission and alleged falsities, discrepancies, inadequacies and manipulations. They gave a separate report, Government of Tamilnadu, received both the reports, termed the report of the Chairman Amba Sankar as “Minority Report” and the report if the fourteen members as “Majority Report” and issued GO No 1564, 30th July 1985 and GO No. 1565, 30th July 1985 and confirmed 50% reservation for Backward Classes and 18percent for Scheduled Castes and Scheduled Tribes. i.e., the Government endorse / accepted the report of the Majority (14) Members. When the Act 8 of 2021 (Vanniar 10.5% Special Reservation) case was challenged by Non-Vanniar BC and MBC Communities in “Madurai Bench” of the Madras High Court, the afore-detailed subjects / facts were placed before Bench. The Division Bench while delivering Judgment under W.P.MNo: 15679/2021, in Page 165. Para 70 contended that “Before the introduction of Act 8 of 2021, the state had not collected any supporting materials to prove that Vanniar caste is not able to compete with other extremely marginalized communities. Even the report of the Amba Sankar Commission has been rejected by the majority members of the said commission and the data collected there in are UNRELIABLE. This observation was no agitated / appealed in Supreme Court of India during the appeal.

    • Approximate population percentage of OBCs in all over India as per 2011 – census
      (Type by seeing P: ‘238’ of the Book Social Welfare Statistics) [Book – flapped as 1]
    • Percentage in Population of SC / ST Minorities as per 2011 – Census in Tamil Nadu
      (Type by seeing Para ‘53’ of Statistical Hand Book of Tamil Nadu, 2011) [Book – flapped as 2]
      The Last Caste Census was taken in the year 1931 when India was still under British Colonel rule. It estimated 4,147 castes in India.
      Though Caste Census was taken in the nation vide census in 2011 and the said 2011 census was called as Socio – Economic, it was not made public. The lack of recent / contemporary data meant for affirmative action was insufficient and often misguided. In short, in all India / Nation level, there was no Caste Census after 1931.
  3. Reservation and Classifications BC(MBC) and OBC
    Equality of status and opportunity is of the basic objectives of our Constitution. In pursuance of it, the constitution of India through the provision in Articles, 14,15,16,338B, 340 and 342A entrusted a positive duty on the state to take steps for the advancement of sections of the Society which were grappling with Social, educational and economic equalities. To achieve equality and Social Justice, the policy of Reservation is a means and musr.
    Backward Classes mean and imply, classes which are Socially and Educationally Backward. According to First Amendment Act – 1951, Subclasses 4 – was introduced and Article 15(4) paved the way for the States to make provisions for the advancement of such socially and Economically Backward Classes, Subsequently sub classes 5 & 6 introduced in 2005 and 2019
    Very often people confuse with the terminology Backward Classes and Backward Communities. Constitution of India as well as the Statutes deal with the terminology ‘SEBC’ – Socially Educationally Backward Classes and not Communities. Later on, the Supreme Court of India espoused “Community/Caste” as the main yardstick for identifying the abovementioned “Backwardness”. The said Backwardness of Caste / Communities were identified by surveys conducted by Backward Class Commissions, precisely ‘BC’ or ‘OBC’ never mean the community – it means only Backward Classes or other Backward Classes. Reservations can be given only to a Class (a set or group of Communities) and not to a Single Community. Often the Caste/Community leaders misguide the people without understanding the basic concept of Reservation.
    In the State of Tamil Nadu, the List of Communities which are backward were identified by the First Backward Class Commission (Sattanathan Commission) in 1971 and later it was verified and expanded by the Second Backward Class Commission (Amba Sankar Commission) which gave it’s report in 1985.
    In 1971, the reservation for BCs is Tamil Nadu was 31% and 18% for SCs and STs. Open / Merit quota was 51%. In 1980, as per Social welfare department GO MS No. 73 dated 01.02.1980, (During the period of Chief Minister M.G. Ramachandran) the reservation to Backward Class Communities was increased 50% to SCs(18%) & General total (Mark) quota – 32% remained the same :- Since the reservation was 69% it was challenged in Supreme Court by one Marthandam Pillai. In that case, the State Government filled an affidavit stating that it would form a Commission to find out the real Backwardness of Communities and thus Second Backward Class Commission – i.e., Amba Sankar Commission was Constituted on 13.12.1982 GO MS No. 3078.
    Following the series of Vanniar Sangam agitations demanding 20% reservations for Vanniars, violent – destructive incidents etc., forced the DMK – Government which came to power in 1989, to issue GO MS No: 242 dates 24th March 1989, forming a new classification called Most Backward Class (MBC) and granted 20% reservation in education and employment. This Government Order grouped 39 Communities in to one group terming them as Most Backward Class and 68 Communities in the Other group, terming their as “Denotified Communities”. If we go through the population of MBCs – (as per the population given by Amba Sankar Commission, Vanniars were 13%, rest of other communities and Denotified Communities together were 7% (approximately)). [Refer Second Backward Class Commission Report]
  4. Percentage of Reservation given SC/ST now in State and All India.

In Tamil Nadu

(As per the Govt List)

All India

(As per Govt of India Notification)

1

Open/Merit Quota

G.T

31%

 

Open/Merit Quota

G.T

40.5%

2

BC

Muslims

26.5%

3.5%

EWS

10%

3

MBC

20%

OBC

27%

4

SC

18%

SC

15%

5

ST

1%

ST

7.5%

As 69% reservation given in Tamilnadu, violates the cap 50% fixed in Indra Sawhney Vs Union of India Supreme Court Judgment, several Writs were filed in Supreme Court to set aside the aforesaid reservation. Following the request of Ms.J.Jayalalitha Fmr. Chief Minister of Tamil Nadu. Tamilnadu Backward Classes, Schedules Caste, Schedules Tribes (Reservation of Seats in Educational Institutions and of Appointments of Posts in the Services under State) Act 1994. (Tamilnadu Act 45 of 1994) was placed in the Ninth Schedule of the Constitution of India so that it cannot be contested in any court. His Excellency the President of India accorded the Consent and signed confirming 69% reservation. This has also been protected / insulated under Article 31-C of the Constitution of India, so that the said act is not challenged under Article 14 and 19 of the Constitution of India.

Following the massive, violent agitations and rootings by Vanniyar Sangam is Northern District, the DMK Party which came to power in 1989, held talks with Vanniyar Sangam and other State holders, and split the reservation to Backward Classes into two viz: Backward Classes and Most Backward Classes. Backward Classes were given 30% and Most Backward Classes (MBCs) were given 20%, by issuing G.O.MS No. 242 dated: 28.03.1989. This split was said to have been done on the basis of Amba Sankar Commission report – which was termed has Minority Report by issuing a Government Order in 1985. Again in the year 2007, Government of Tamilnadu (through Act No: 51 of 2008) provided a Sub-Category of Muslims with in 30% given to OBCs – with 3.5% reservations specifically to Muslims. The reservations (3.5%) to Muslims came into effect from September 2007. Many Communities have been added in the State BC and MBC lists.

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