Lawstreet Journal

[VANNIYAR RESERVATION] Senior Advocate Radhakrishnan: "Equality Of Opportunity Allows Discrimination With Reason"

Lawstreet Journal 23 Feb 2022 11:16pm

Image courtesy: Lawstreet Journal Judiciary [VANNIYAR RESERVATION] Senior Advocate Radhakrishnan: "Equality Of Opportunity Allows Discrimination With Reason"

Senior Counsel Radhakrishnan contesting on the behalf of the petitioner S. Ramadoss in related mattes connected to the problem of Vanniyar reservation observed that in each situation, it is justifiable what law has been made, thus equality of opportunity allows discrimination with reason.

Hon’ble Bench of Justices L Nageswara Rao and BR Gavai have directed the counsel to complete their arguments.

The bench was hearing clubbed petitions challenging the Madras High Court's decision in V.V. Saminathan vs The Government of Tamil Nadu on September 29, 2021, [1] in which the court held that the Tamil Nadu government's 10.5 percent internal reservation for the Vanniyar community, as part of the existing 20 percent reservation for Most Backward Classes, was inconsistent with the constitution.

"I'm challenging the impugned judgement, erroneous conclusions have been derived and assumptions have been made that there is no data," counsel for the petitioner Radhakrishnan said, referring to the Supreme Court judgement in the case of the Barium Chemicals Ltd. And Anr vs The Company Law Board and Others on 4 May 1966. [2] 

Furthermore, Senior Advocate P Willson, representing for the State of Tamil Nadu, argued before the court that the community's reservation is justifiable because the Sattanathan Commission's primary data was census data. "We want to highlight the Sattanathan Commission's detailed assessment for the implementation of reservation," Wilson remarked. `

"As far as the sub-classification is concerned, they intended to find so far as the 20% reserve given," Wilson said of the Amba Shankar report. However, most of the members… Continue Reading...

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