Chennai: Tamil Nadu government has decided to
stick to its 69 per cent reservation policy in education and
employment in the state without excluding the creamy layer
from the quota.
A cabinet meeting chaired by Chief Minister Jayalalithaa
yesterday accepted the Tamil Nadu Backward Classes
Commission report, which while recommending continuance of the
policy, said there was no need to exclude the creamy layer.
The cabinet decided to continue implementing the existing
69 per cent quota -- 30 per cent for BCs, 20 for MBCs and
denotified communities, 18 for Adi Dravidars and one per cent
for Scheduled Tribes, without excluding the creamy layer, an
official release said today.
The Commission headed by M S Janarthanam, which had
finalised its recommendations in accordance with a Supreme
Court directive, had presented the report to the Chief
Minister last week, saying the reservation was in consonance
with the population of the said communities and that there
were no discrepancies in a relevant Act for this purpose.
It had also recommended there was no need to exclude the
creamy layer from the reservation Act, existing for 17 years.
The Apex Court had in 1992 ordered that reservation should
not exceed 50 per cent and in order to continue the state
government`s 69 per cent reservation, the then Jayalalithaa
government passed a Bill in 1993.
After it became an Act, it was included in the Ninth
Schedule to the Constitution.
Responding to petitions against the Act, the Supreme
Court had in July 2010 said that if reservation was to exceed
50 per cent, it should be based on quantifiable data in
respect of the communities in question.
If the commission wanted to exceed the 50 per cent
ceiling while re-fixing the quota, it could take into
consideration the parameters laid down by the Supreme Court in
the Mandal case judgment ? compelling circumstances based on
It had also asked the State government to place before
the BC Commission quantifiable data on backward communities
for fresh determination of quota.
The Commission would have to decide the quantum of
reservation which should be completed by July 2011.