CHENNAI: In a major setback to the

government, the

on Friday declared fixation of seniority and conferring promotions based on

in state government services as

and ultra vires.

Asserting that the roster point system adopted by the government in fixing seniority of government servants is nothing but an indirect way of providing reservation even beyond 69%, a division bench of Justice MM Sundresh and Justice RMT Teekaa Raman declared sections 1(2), 40 and 70 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 as ultra vires and unconstitutional.

"Any reservation is not automatic but can only be on need basis. This is more so, for a special reservation, either horizontal or internal... reservation in selection is different from seniority and promotion. In fixing seniority and conferring

, different yardsticks and parameters are to be applied," the bench said.

The bench passed the order on a batch of petitions moved by state government servants challenging the 200-point roster system followed by the state.

The system leads to mandatory 69% vertical reservation on communal basis. Reservation includes horizontal and internal while adopting 69% ratio. Vertical reservation is with respect to adequate representation on the basis of community, while horizontal reservation would include sub sects and special categories, such as, women, destitute widows, ex-serviceman, physically handicapped and people studied Tamil medium and others.

Incidentally, the state does not choose to follow the mandate of the apex court in eschewing creamy layer, the court said.

Though the system followed by the Tamil Nadu Public Service Commission since 2003 was set aside by a division bench of the high court in 2015 which was also upheld by the Supreme Court in 2016, the state superseded the judgement by bringing in the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.