HC quashes 10.5% vanniyar quota, calls it ‘discriminatory’

HC quashes 10.5% vanniyar quota, calls it ‘discriminatory’

Repeals It Citing Seven Grounds

Sureshkumar.K@timesgroup.com

Chennai:02.11.2021

Holding that castebased reservation is impermissible, the Madras high court has quashed 10.5% quota law for vanniyars, introduced by the AIADMK government minutes before the Election Commission announced the April 2021 assembly election.

“Treating vanniyar community as a separate class from the other MBCs amounts to discrimination among same category of castes,” ruled a division bench of Justice M Duraiswamy and Justice K Murali Shankar on Monday.

The court decided to quash the reservation as unconstitutional on seven grounds, which included the competency of the state to provide reservation based on caste, whether reservation can be provided without quantifiable data on population, socio-educational status and representation of the backward classes in services.

Classification in name of caste is treating equals unequally: Court

Holding that the very basis of classification in the name of caste is a clear case treating equals unequally, resulting in reverse discrimination within the MBC, the judges said: “We conclude that there is no data, much less quantifiable data, available with the state before the introduction of the law, to show the three different degrees of backwardness to make three sub-categories, as mandated by Indra Sawhney case, nor there is a data to show the inadequate representation of a group.”

Ticking off the micro-classification of MBCs into MBC (vanniars), MBC (DNC) and other MBCs as being wholly arbitrary, the judges said there is absolutely no acceptable reason for the division. There is no material or data to differentiate MBC(V) from other MBC as a separate class.

Treating one caste — vanniakula kshatriya, including ‘vanniyar’, ‘vanniya’, ‘vannia gounder’, ‘gounder’ or ‘kander’, ‘padayachi’, ‘palli’ and ‘agnikula kshatriya’ — as separate class while treating the similar castes differently is discrimination, the judges held, adding that the impugned law categorised 6 subcastes and 115 other castes into two sets and tried to give higher proportion of reservation to one caste and deprive the others.

More importantly, referring to the union government’s constitutional 102nd amendment denuding states of the power to include castes in reserved lists, the judges said: “The Constitution (102nd Amendment) Act, 2018, came into existence on11.08.2018 and the Constitution (105th Amendment) Act, 2021, was enacted on 19.08.2021 and whereas the impugned Act 8 of 2021 came to be enacted on 26.02.2021 and therefore, we hold that as on the date of enactment of the impugned Act, the State Legislature has no power to enact such legislation and accordingly, the State Legislature has no competency to pass the impugned Act. The state legislature has no competency to enact Tamil Nadu Special Reservation of seats in educational Institutions including Private Educational Institutions and appointments or posts in the services under the State within the Reservation for the Most Backward Classes and Denotified Communities Act, 2021”.

Also, as per Article 31-B of the Constitution, until the Act placed in Ninth Schedule is amended or repealed by the competent legislature, the said Act shall continue to be in force, the court said. Therefore, without amending the 1993 Act, bringing a special legislation to provide internal reservation to vanniyar community is against the Constitutional provisions, the judges said.

When counsel arguing in favour of the state law sought to highlight the fact that quashing it would put a question mark on the prospects of candidates who had already been admitted under the10.5% quota, the court said: “It has been made clear through an interim order that admissions and appointments made providing the reservation will be subject to the outcome of the pleas. Suspending the order will only complicate the issue.”

The judges further recorded that ‘so far as the reservations for Muslims and arunthathiyars are concerned, the population figures are enumerated in every census and based on that, the backwardness and inadequate representation has been studied and a valid commission report has been submitted.

Is the state government empowered to do internal reservation. The Constitution has given enough explanation. The legislation providing for internal reservation is cancelled

– MADRAS HIGH COURT

Madras HC quashes 10.5% Vanniyar quota

Madras HC quashes 10.5% Vanniyar quota

Madurai:02.11 2021

The Madras high court on Monday quashed the 10.5% reservation provided to Vanniyars, a Most Backward Community (MBC) in Tamil Nadu, in government jobs and admission to educational institutions, saying it was unconstitutional.

The Tamil Nadu assembly had in February passed the then ruling AIADMK-piloted bill providing internal reservation of 10.5 % for Vanniyars, with the incumbent DMK government issuing an order in July for its implementation. It had split the aggregate 20% reservation for MBCs and denotified communities into three separate categories by regrouping castes and provided 10% plus sub-quota for Vanniyars, formally known as Vanniakula Kshatriyas. PTI

Premium non-payment can get claim rejected: SC

Premium non-payment can get claim rejected: SC

New Delhi: 02.11 2021

An insurance claim can be rejected if the policy has lapsed on account of non-payment of premium, said the Supreme Court. It also stressed that the terms of an insurance policy have to be strictly interpreted.

The apex court observation came while setting aside an order of the National Consumer Disputes Redressal Commission (NCDRC) that ordered additional compensation in a road accident case. A bench of Justices Sanjiv Khanna and Bela M Trivedi said it is a well-settled legal position that in a contract of insurance there is a requirement of Uberrima fides, ie good faith on the part of the insured.

“It is clear that the terms of insurance policy have to be strictly construed, and it is not permissible to rewrite the contract while interpreting the terms of the policy,” the bench said.

The SC was hearing an appeal filed by the Life Insurance Corporation (LIC) against the judgement of the NCDRC that had set aside the order passed by the state commission.

In the case, the woman’s husband had taken a life insurance policy under the Jeevan Suraksha Yojana from LIC under which a sum of Rs. 3.7 lakh was assured by the company. Besides this amount, in case of death by accident an additional sum of Rs. 3.7 lakh was also assured. The insurance premium of the said policy was to be paid six-monthly. However, there was a default in payment. On March 6, 2012, the husband of the complainant met with an accident and succumbed to injuries on March 21, 2012.

“In the instant case, the policy had lapsed on October 14, 2011, and was not in force on the date of accident, ie on March 6, 2012. It was sought to be revived on March 9, 2012, after the accident in question, and that too without disclosing the fact of the accident which had taken place on March 6, 2012,” the SC said. PTI

SERIOUS LAPSE

11% hike in DA for Punjab staff, pensioners from July 1

11% hike in DA for Punjab staff, pensioners from July 1

Move To Cost State Extra ₹440cr Per Month

TIMES NEWS NETWORK

Chandigarh: 02.11 2021

Acceding to the demand of the state government employees and pensioners, the Punjab cabinet on Monday decided to enhance the dearness allowance (DA) by 11% , taking it to 28% from 17%. The hike will be implemented retrospectively from July 1, 2021.

After the cabinet meeting, chief minister Charanjit Singh Channi said the employees were the backbone of the state administration and reiterated his government’s “firm commitment to accord the highest priority to their welfare”. He said with this decision, the state government would have to bear an additional monthly burden of Rs 440 crore on account of enhanced DA.

Channi said the state government had resolved most of employees’ issues to their satisfaction and resultantly they have called off their strike and resumed the work with immediate effect. He also announced that the employees’ who were recruited after January 1, 2016, would also be given the benefit of a minimum 15% increase in the revised pay at par with other employees. However, the pay of a junior employee would not be fixed higher than that of his senior while fixing the revised pay.

Punjab CM Charanjit Singh Channi addresses a press conference on Monday

Bill for new varsities soon

Decks have been cleared for the establishment of Lamrin Tech Skills University Punjab at Railmajra, Balachaur, SBS Nagar, and Plaksha University Punjab at IT City, SAS Nagar with Punjab cabinet’s approval for conversion of ordinances into bills. According to a spokesperson of the chief minister’s office, the cabinet also gave approval to place these bills in the forthcoming session of Punjab legislative assembly for conversion into Acts.

‘State agreed to 15% pay hike’

Sukhchain Singh Khaira, convener of the Punjab Sanjha Mulajam Manch, said the state government has agreed to also increase the 15% salary of those employees who have joined the service after January 2016. Earlier, they were not being given this benefit. “Now the state government has given new option and the employees can opt for the benefit of the 6th Pay Commission either from the date of joining the service or from the date of promotion,” Khaira said.

‘Black Diwali’ for NHM contract staff

After five day of hunger strike for the regularisation of their services, Punjab’s National Health Mission (NHM) contractual employees will now observe a "black Diwali" outside chief minister Charanjit Singh Channi’s residence. On the fifth day of their protest on Monday at Kharar’s civil hospital, the association of 12,000 contractual employees also demanded equal pay for equal work. Association president Dr Inderjeet Singh Rana submitted a memorandum of demands to the senior medical officer.

Biometric attendance to resume from Nov 8

Biometric attendance to resume from Nov 8

New Delhi:02.11.2021

With Covid-19 cases on the decline, the central government on Monday ordered resumption of biometric attendance for all levels of its employees from November 8 onwards.

Biometric attendance, which involves pressing one’s finger on the scanner of a biometric machine, was discontinued across all central government offices since last year, as a precautionary measure against spread of Covid-19. Attendance was instead being maintained through physical registers. TNN

NEET results: Two K’taka boys bag all-India 5th rank

NEET results: Two K’taka boys bag all-India 5th rank

Farheen.Hussain@timesgroup.com

Bengaluru:02.11.2021

Two students from Karnataka — Jashan Chhabra and Meghan HK — have bagged the fifth all-India rank at the National Eligibility cum Entrance Test (NEET-UG) 2021, scoring 715 out of 720 marks.

The National Testing Agency on Monday evening shared scorecards with students via email and the result is now available onneet.nta.nic.in. Jashan is from Mangaluru and Meghan from Pramati Hill View Academy, Mysuru. Meghan had created history by topping all streams in the CET — engineering, Bachelor of Naturopathy and Yogic Sciences, agriculture, veterinary science and pharmacy.

“I had expected a rank in the top 10 and knew that I will score 715 after checking the answer keys,” he told TOI. Meghan said his parents — who are educators —set him on the right path of preparation. “They made sure no obstacle could bother me. The pandemic was challenging and it was difficult to maintain discipline initially. But my teachers encouraged me to speak to them a lot, asked me to make a schedule and work in that direction,” he said.

When Meghan had topped the CET exams, he had shared with TOI that though he was happy with the results and was aspiring to become a doctor and awaiting the NEET results. “One college that I had dreamed of joining is AIIMS, New Delhi. For now, I hope to pursue oncology but I have heard that students change their course during their internship phase,” he said.

In addition to helping people, he also likes to comfort them and make them feel comfortable. Meghan studied for 10 hours a day but did not compromise on his hobbies. “I advise other aspirants to plan their day, week and month. The journey towards the exam is a marathon and must be built step-by-step. There will be many frustrating moments but talk to people you are close to and compete with yourself,” he said.

Jashan, who completed his XIIth from Mount Carmel Central School in Mangaluru, said he studied for the love of the subjects which made his preparations a breeze. “There were hiccups due to the pandemic. But my love for the subjects and support from my mother made it easy,” Jashan said. “I joined Aakash Institute where I prepared for the exams during Class XI and XII. The focused preparation helped me crack it,” he said.

Sinchana Lakshmi with 658 marks topped the list of girl (PwD) candidates. While Harshitha Gangadharappa Negalu bagged fourth place, Shaiksha Nayaka BP stood eighth in the list of ST toppers. Other students from the state in the top 100 are Varun Aditya and KV Pranav from Sri Chaitanya Techno School Marathahalli and JP Nagar, respectively.

Australia recognises Covaxin, opens door for Indians’ entry

Australia recognises Covaxin, opens door for Indians’ entry

Saurabh Sinha & Swati Bharadwaj TNN

New Delhi/Hyderabad:  02.11 2021

Australia will recognise Covaxin, apart from Covishield, allowing those vaccinated with them entry into the continent.

Prime Minister Narendra Modi thanked his Australian counterpart and “dear friend” Scott Morrison for “recognition of India's Covaxin.” “It is an important step forward in the post-Covid partnership between India and Australia,” he said.

While WHO emergency use listing for Bharat Biotech’s vaccine is awaited, 16 countries have so far recognised Covaxin for travel purposes. These include Australia, Estonia, Greece, Iran, Mauritius, Mexico, Nepal, Oman, Philippines, Sri Lanka and Zimbabwe.

Australia’s high commissioner to India Barry O’Farrell on Monday tweeted that the country’s drug regulator has “determined that Covaxin (manufactured by Bharat Biotech) vaccine would be 'recognised' for the purpose of establishing a traveller's vaccination status. Importantly, recognition of Covaxin, along with the previously announced recognition of Covishield (manufactured by AstraZeneca), means many Indian citizens, as well as other countries, will now be considered fully vaccinated on entry to Australia.” 

The Australian health ministry website says the “recognition is for travellers aged 12 and over who have been vaccinated with Covaxin.” Those who have received two doses of Australian Therapeutic Goods Administration (TGA)-approved or recognised vaccine at least 14 days apart are regarded as fully vaccinated from seven days after the second dose. This includes homologous (two doses of the same vaccine) and heterologous (two doses of two different TGAapproved or recognised vaccines) schedules.

“In recent weeks, the TGA has obtained additional information demonstrating these vaccines provide protection and potentially reduce the likelihood that an incoming traveller would transmit Covid-19 infection to others while in Australia or become acutely unwell due to Covid-19,” the website says.

“Importantly, recognition of Covaxin, and BBIBPCorV, along with the previously announced recognition of Coronavac (manufactured by Sinovac, China) and Covishield (manufactured by AstraZeneca, India), means many citizens of China and India as well as other countries in our region where these vaccines have been widely deployed will now be considered fully vaccinated on entry to Australia. This will have significant impacts for the return of international students, and travel of skilled and unskilled workers to Australia.”

Indonesia 1st to approve SII’s Novavax

New Delhi:

Biotechnology firm Novavax Inc and its partner Serum Institute of India on Monday said they have received the first emergency use authorisation (EUA) for Novavax's COVID-19 vaccine, in Indonesia. The vaccine will be manufactured by Serum Institute of India (SII) in India and marketed by it in Indonesia under the brand name Covovax, Novavax Inc said in a statement. "The National Agency of Drug and Food Control of the Republic of Indonesia, or Badan Peng was Obat dan Makanan (Badan POM), has granted emergency use authorisation (EUA) for Novavax' recombinant nanoparticle protein-based COVID-19 vaccine with Matrix-M adjuvant," it added. Initial shipments into Indonesia are expected to begin imminently, the statement said. PTI