Keyword(s):
Backward Class Christians, Backward Class Muslims, Educational Institution

An Act to provide for reservation of seats in educational institutions including
private educational institutions in the State and of appointments or posts in
the services under the State to Backward Class Christians and Backward
Class Muslims in the State of Tamil Nadu within the thirty per cent reservation
for Backward Classes.
WFEREAS, the policy of reservation for the social and educational advancement
of the people belonging to the Backward Classes of citizens in admissions to
educational institutions in the State and for appointments in the services under the
State has been under implementation in the State of Tamil Nadu for a long time;
AND WHEREAS, the State of Tamil Nadu is a pioncter State in providing
reservation for the underprivileged and the first communal Government Order was
passed in the year 1921 and the proportional representation for communities was
made in the year 1927 in the State of Tamil Nadu;
AND WHEREAS, a large percentage of population of Ta nil Nadu suffering from
social and educational backwardness for many years have started enjoying the fruits
of the reservation policy at~dhave been able to improve their lot and attain a hlgher
standard of living;
AND WHEREAS, the Tamil Nadu Legislature passed the Tamil Nadu Backward
Classes, Scheduled Castes and Scheduled ‘Tribes (Reservation of seats in
Educational lnstitutions a id of appointments or posts in the Services under the
State) Act, 1993 (Tamil Nadu Act 45 of 1994);
AND WHEREAS, the Constitution (Seventy-sixth Amendment) Act, 1994, added
the Tamil Nadu Backwxd Classes, Scheduled Castes and Scheduled Tribes
(Reservation of seats in Educational lnstitutions and of appointments or posts in
the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994) enacted by
the Tamil Nadu Legislature, to the IX Schedule, so as to give protection to the State
Act, under Article 31-8 of the Constitution;
AND WHEREAS, the Constitution (Ninety-third Amendment) Act, 2005 incorporating
clause (5) of Article 15 of the Constituti6n enables the making of any special
provisions, by law, for the advancement of any socially and educationally Backward
Classes of citizens or for the Scheduled Castes or Scheduled Tribes in so far as
such special provisions relate to their admission to educational institutions including
private educational institutions whether, aided or unaided by the State other than
minority educational institutions referred to inclause (1) of Article 30 of the Constitution; .
AND WHEREAS, by virtue of clause (5) of Article 15 of the Constitution and also
after taking a policy decision that the existing level of sixty-nine per cent reservation,
in admission to educational institutions other than minority educational institutions
referred to in clause (1) of Article 30 of the Constitution in the State for the Backward
Classes qf citizens and for the persons belonging to the Scheduled Castes and
Scheduled Tribes, should be continued for ensuring the advancement of the majority
of the people of the State of Tamil Nadu, the Tamil Nadu Legislature passed the
Tamil Nadu Backward Classes, Scheduled Castes and Schr?duIedTribes (Reservation
of Seats in Private Educational Institutions) Act, 2006 (Tamil Nadu Act 12 of 2006);
AND WHEREAS, the Backward Class Christians and Backward Class Muslims
in this State requested for a separate reservation for them as they could not compete
with other communities in the list of Backward Classes published by the Government
so as to get their legitimate share in admissions to educational institutions and
of appointments or posts in the services under the State; 152

TkfAlL NADU Grj JERNMENT GAZETTt tAr Khurlutrufir\ r

I
AND /JHLFiiCC, rr F: I;~,~JAof pr/lf141nqrescrrsricn fcr Cn:,srrans and ?JIU~~-5
based on their soclal and educatlonal backwardness was considered t/ ii~c
Tamil Nadu Backward Classes Commission;
AND WHEREAS, the said Commission, having considered the issue elaborately,
forwarded the recommendations to the Government in which the Commission has
recommended the need for reservation to the Backward Class Christians and
Backward Class Muslims In the State on the basis of their population within the
reservation ,.-‘rr available for Backward Classes;

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