Transgenders entitled to special quota for third gender: Madras High Court


PTI, Oct 13, 2022, 1:58 PM IST

Representational Image by AFP

Chennai: The Madras High Court has held without “hesitation” that transgenders are entitled to a special reservation for the third gender viz., transgender category for admission to post-basic (nursing) and post-basic diploma in psychiatry nursing courses.

The court directed the Secretary, Tamil Nadu Health and Family Welfare department, Director of Medical Education (DME), Chennai, and Secretary (selection committee), DME, to treat the petitioner S Tamilselvi as third gender/ transgender and accordingly place her in a special category i.e. transgender category for admission to the course for the academic year 2022-23 for which the present merit list has been issued by the secretary, selection committee, only for female and male candidates.

Apart from Tamilselvi, if any other transgender candidate applied for the said course, a separate category of merit list shall be prepared by the secretary consisting of only transgender’s candidates and based on the inter se merit among the transgender candidates, Justice R Suresh Kumar said.

“If more than one candidate is available, based on the inter se merit, admission shall be given to those transgender candidates. The needful, as indicated above, shall be immediately undertaken by the secretary, selection committee, and accordingly the selection shall go on including the name of the petitioner under the special category i.e. transgender category,” he said recently.

Tamilselvi had moved the Madras High Court seeking a direction to the authorities to quash the prospectus issued for the Post Basic (Nursing) Course and Post Basic Diploma in Psychiatry Nursing Course for the academic year 2022-2023, as illegal for not categorising transgenders under special category.

She also sought for a direction to the secretary, selection committee, to admit her in Post Basic B.Sc.(Nursing) Course for the academic year 2022-2023 under special category as transgender.

Though communal reservation was provided for the said courses, there was no separate reservations provided horizontally for the third gender/ transgender. Hence, she approached the court, her counsel Reshmi Christy, said.

Citing the Supreme Court’s set of directions to the Centre and state governments on the action to be taken to treat the third gender/ transgender as a special category, Justice Suresh Kumar observed “had there been special reservation as directed by the Hon’ble Supreme Court provided to transgenders, certainly the petitioner would have been in a top position and would be in a position to get admission in the course concerned.”

On the argument that sometimes seats reserved for transgenders may not be taken up by them for want of candidates as “only minimal transgenders are living” in the state, the judge remarked “at least a provisional note could have been made.”

“Even though special reservation has not been made horizontally for transgender candidates, the non-inclusion of the petitioner in the special category meant for transgender is against the judgments given by the Hon’ble Supreme Court as well as this court and also against the provisions of the 2019 Act,” he ruled.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Olympics 2024: 24 Indian armed forces personnel at Paris Games, maiden participation of female service athletes

Will scrap Dharavi slum redevelopment project tender after coming to power: Uddhav Thackeray

13-year-old raped, blackmailed by Instagram friend in MP; two held

BJP dares Congress government in Karnataka to probe scams during its rule

One small update brought down millions of IT systems around the world. It’s a timely warning

Captain Thapa, who died fighting terrorists in J&K, cremated at ancestral village in Darjeeling

Stepping stones for wildlife: how linking up isolated habitats can help nature thrive in our cities

Related Articles More

Will scrap Dharavi slum redevelopment project tender after coming to power: Uddhav Thackeray

Rulings by chair should not be criticised, MPs reminded ahead of Parliament session

Uttarakhand HC grants protection to live-in couple if they register under yet-to-be notified UCC

13-year-old raped, blackmailed by Instagram friend in MP; two held

Four-member family from Kerala killed in fire accident in Kuwait

MUST WATCH

Brahma Kumaris

Tapta Mudra Dharana

Banana Farming

Aghnashini River

Dr. Rajkumar


Latest Additions

Olympics 2024: 24 Indian armed forces personnel at Paris Games, maiden participation of female service athletes

Will scrap Dharavi slum redevelopment project tender after coming to power: Uddhav Thackeray

Rulings by chair should not be criticised, MPs reminded ahead of Parliament session

Uttarakhand HC grants protection to live-in couple if they register under yet-to-be notified UCC

13-year-old raped, blackmailed by Instagram friend in MP; two held

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.