No Quota without quantifiable data

News: The Madras High Court recently quashed the provision of 10.5% reservation for Vanniyakula Kshatriyas within the overall 20% quota for Most Backward Communities (MBCs) and Denotified Communities (DNCs). This has highlighted the importance of quantifiable data while taking a decision on reservation in education and employment.

What is the issue?

The State Assembly had granted the special internal quota in February 2021, but the move was challenged in the High Court. The Court opined that there were no data, quantifiable or otherwise, available with the State Government for decision making and hence quashed the provision.

No exhaustive study has been undertaken in Tamil Nadu on the representation of various communities in education and employment since the Second BC Commission (J.A. Ambasankar) in 1982-85.

In 2011, the State BC Commission couldn’t present the community wise break-up after being asked to justify the 69% quota granted to the BCs/MBCs/DNCs/SCs/STs under the 1994 Reservation Act (which was subsequently placed in the 9^th Schedule of the Constitution)

What is the need for the exhaustive study on status of communities?

The Madras HC observed that the quantifiable data are required in order to understand the representation of communities in services along with their social and educational backwardness to grant reservation in employment. The two BCs Commissions set up earlier had expressed similar opinion.

The Second BC Commission had argued for internal reservation within the backward communities based on their status, while the first BC commission (A.N. Sattanathan, 1969-70) had advocated periodic removal of top communities from the provisions of the reservation.

What can be done?

One of the terms of reference of the existing BC Commission (set up in July 2020), is to examine the demand for internal reservation and make a recommendation on the matter. The Commission can undertake a comprehensive study to compile data and understand the way the benefits of reservation get accrued to the various communities within the Umbrella BCs, MBCs, DNCs.

Source: This post is created based on the article “No Quota without quantifiable data” published in The Hindu on 9th November 2021.