ORDER :

M. DURAISWAMY, J.

(Prayer: Petition filed under Article 226 of the Constitution of India, seeking to issue a writ of Declaration declaring the Tamil Nadu Act 8 of 2021 providing ex-orbital and exclusive reservation to vanniyar community to an extent of 10.5% without adequate quantifiable data is illegal and unconstitutional to the principals laid down in Maratha case in Civil Appeal No.3123 of 2020, dated 09.09.2020 (2020 SCC ONLINE SC 727) and Constitutional 102 amendment and consequently forbearing the respondent from in any manner implementing the reservation in the matters of education and employment in Government, quasi Government institutions in the State of Tamil Nadu provided under the impugned Act.)

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These writ petitions have been filed challenging the constitutional validity of Act 8 of 2021, dated 26.02.2021, namely, the Tamil Nadu Special Reservation of seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021 and hence, they are taken up together for hearing and disposed of by this common order.

FACTS :

2. Background facts leading to the filing of the present writ petitions, as culled out from the affidavits filed in support thereof, could be briefly narrated thus:

2.1. In the State of Tamil Nadu, the caste based communal reservation was provided ever since 1921. After implementation of the Constitution of India with effect from 26.01.1950, the said caste based reservation was challenged before the Honourable Supreme Court in State of Madras Vs Champakam Dorairajan reported in AIR 1951 Supreme Court 226 and the Honourable Supreme Court has quashed the caste based reservation holding that only class based reservation is permissible and since then only class based reservation is followed both in the Central and State Governments.

2.2. 50% reservation was provided to the Backward Class till 1989. Thereafter, by virtue of G.O.Ms.No.242, Backward Classes Welfare Department, Nutritious Meal Programme and Social Welfare Department, dated 28.03.1989, the reservation for Backward Classes was divided into two categories by giving vertical reservation of 30% to Backward Classes with 132 castes and 20% to Most Backward Classes/De-notified Communities with 109 castes (now 116 castes including Vanniyar Caste).

2.3.The first Backward Classes Commission which was set up by a Presidential Order under Article 340 of the Constitution of India on 29.01.1953, submitted its report on 30.03.1955 and the said Commission prepared a list of 2399 Backward Castes out of which 837 were classified as Most Backward.

2.4. In 1969, the Government of Tamil Nadu appointed the First Backward Classes Commission, vide G.O.Ms.No.842, Social Welfare Department, dated 13.11.1969, under the Chairmanship of A.N.Sattanathan and it gave its report in November 1970 and its recommendations were as follows:

“a. The existing list of Backward Classes contained several inconsistencies and the same should be rationalised.

b. 33% of the posts under the State Government should be reserved for the candidates of OBC.

c. The above reservations should be followed in respect of admissions to various professional and technical institutions also.

d. Various educational concessions and special coaching facilities should be provided to students of Other Backward Classes.”

2.5. The State Government has enhanced the reservation quota for OBCs from 31% to 50% from 24.01.1980 both in Government services and in Educational Institutions and this is in addition to the quota of 18% reserved for SCs and STs.

2.6. The Second Backward Classes Commission was constituted by the Government of Tamil Nadu in the year 1982, vide G.O.Ms.No.3078, Social Welfare Department, dated 13.12.1982,