Chennai: Tamil Nadu government has decided to stick to its 69 per cent reservation policy in education and employment in the state without excluding the creamy layer from the quota.

A cabinet meeting chaired by Chief Minister Jayalalithaa on Monday accepted the Tamil Nadu Backward Classes Commission report, which while recommending continuance of the policy, said there was no need to exclude the creamy layer.

The cabinet decided to continue implementing the existing 69 per cent quota -- 30 per cent for BCs, 20 for MBCs and denotified communities, 18 for Adi Dravidars and one per cent for Scheduled Tribes, without excluding the creamy layer, an official release said on Tuesday.

The Commission headed by M S Janarthanam, which had finalised its recommendations in accordance with a Supreme Court directive, had presented the report to the Chief Minister last week, saying the reservation was in consonance with the population of the said communities and that there were no discrepancies in a relevant Act for this purpose.

It had also recommended there was no need to exclude the creamy layer from the reservation Act, existing for 17 years.

The Apex Court had in 1992 ordered that reservation should not exceed 50 per cent and in order to continue the state government's 69 per cent reservation, the then Jayalalithaa
government passed a Bill in 1993.

After it became an Act, it was included in the Ninth Schedule to the Constitution.

Responding to petitions against the Act, the Supreme Court had in July 2010 said if reservation was to exceed 50 per cent, it should be based on quantifiable data in respect of the communities in question.

If the commission wanted to exceed the 50 per cent ceiling while re-fixing the quota, it could take into consideration the parameters laid down by the Supreme Court in the Mandal case judgment — compelling circumstances based on local conditions.

It had also asked the State government to place before the BC Commission quantifiable data on backward communities for fresh determination of quota.

The Commission would have to decide the quantum of reservation which should be completed by July 2011.