SC refuses consideration of Madras HC quashing order by larger bench

The Supreme Court on Wednesday refused to refer multiple petitions to a larger bench of the apex court against a Madras High Court judgment which has quashed the 10.5 per cent reservation provided to Vanniyars, a most backward community (MBC) in Tamil Nadu, in government vacancies and admission to higher educational institutions and colleges.

A Supreme Court bench comprising of justice B R Gavai and L Nageswara Rao said that they are of the view that the issue does not need consideration by a larger bench of the apex court.

The bench said, “We are not inclined to the argument of referring the matter to a larger bench, you can start your arguments.”

On Tuesday, the Supreme Court had said that it will decide the issue of referring the matter to a larger bench first without going into the merits of the case. The top court had earlier agreed to examine the pleas and said admissions or appointments already made under the said quota will not be disturbed.

Rajya Sabha member and advocate on record Abhishek Manu Singhvi, appearing for the Tamil Nadu government, submitted that the case involved constitutional issues and would require consideration by a larger bench.

The Supreme court was hearing petitions filed by the government of Tamil Nadu, Pattali Makkal Katchi (PMK), a political party from the state and many others challenging the 2021 judgment of the Madras High Court that quashed the reservation provided to Vanniyars, a most backward community (MBC) from the state and described the bill passed by the Tamil Nadu assembly as unconstitutional.

Previously in February 2021 just before the Tamil Nadu assembly polls, the state assembly had passed the controversial bill providing internal reservation of 10.5 per cent for Vanniyars.