The Tamil Nadu government has directed all educational institutions (government-run, State-aided, and private) to certain instructions regarding the implementation of preferential reservation for Arunthathiyars under the Tamil Nadu Arunthathiyars (Special Reservation) Act, 2009.

The instructions, issued in the light of a Madras High Court judgment, directed all educational institutions to fill up open/general/unreserved seats first purely on merit. “Arunthathiyar candidates are fully eligible to compete in this category,” a communication from the Adi Dravidar and Tribal Welfare Department said.

While filling the 18% Scheduled Caste quota, the rotation prescribed in April 2009 (through G.O. No. 50) was to be strictly followed. “The preferential SC(A) seats (rotation points 2, 32, and 66) shall be offered to Arunthathiyar candidates in the first instance,” the communication dated May 8 this year said.

In the remaining SC general seats, all Scheduled Caste candidates, including Arunthathiyars, shall compete on inter-se merit, it said. Selection or admission of meritorious Arunthathiyar candidates in SC General seats shall not, under any circumstances, reduce or affect the 16% preferential SC(A) sub-quota.

TN Arunthathiyars (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 Scheduled Castes) Act, 2009 provides for 16% preferential reservation for Arunthathiyars within the overall 18% reservation for SC in admissions to educational institutions and in appointments/posts under the State.

Section 8 of the Act is the key provision and contained an overriding cause, as per which claims of Arunthathiyar candidates were also to be considered for unreserved seats based on merit, and their selection on merit would not affect the number of seats/posts reserved for them under the preferential quota.

Subsequently, the State government issued G.O.s clarifying that preferential seats for Arunthathiyars was to be allotted in the horizontal rotation and eligible Arunthathiyar candidates could compete with other Scheduled Castes candidates on merit. If preferential seats remained unfilled, they may be filled by other Scheduled Castes candidates on merit.

Whileso, in its judgment issued in E. Surya Vs. Teachers Recruitment Board and others case, the Madras High Court said that meritorious Arunthathiyar candidates were eligible for selection/admission under the SC General category based purely on merit.

Such selection shall not reduce or affect the 16% preferential SC(A) quota and that the preferential SC(A) rotation points must be fully protected. “Any contrary interpretation would defeat the object of the 2009 Act.”