Madras High Court Rules Transgender People Entitled To Special Quota For Third Gender

The Madras high court held that transgender people are entitled to special reservation for the third gender category for admission to post-basic (nursing) and post-basic diploma in psychiatry nursing courses.

Petitioner S Tamilselvi had moved the Madras court seeking direction to quash the prospectus, a formal legal document, as illegal for not categorising transgender people under a special category.

While communal reservation was provided for the mentioned courses, no separate reservations were provided horizontally for the transgender community.

Madras HC Rules Transgender People Entitled To Reservation

The Madras high court directed the secretary, Tamil Nadu Health and Family Welfare department, the director of Medical Education (DME), Chennai, and the Secretary (selection committee), DME, to treat petitioner Tamilselvi as third gender/transgender and place her accordingly in the special category for admission.

The current merit list for academic years 2022-23, which had been issued by the secretary and selection committee was only for female and male candidates.

Apart from Tamilselvi, the petitioner, if any other transgender candidate applied for the aforementioned course, a separate category of merit list will be prepared by the secretary consisting of only transgender candidates based on the inter se merit list amongst the transgender candidates.

She also sought direction to the secretary and selection committee to admit her to the Post-Basic BSc (Nursing) Course under the special category as a member of the transgender community.

Justice R Suresh said that if more than one candidate is available, admission needs to be given based on inter se merit. Creating the merit list for the transgender candidate will be the task of the secretary and selection committee. He added, “Accordingly, the selection shall go on including the name of the petitioner under the special category, i.e. transgender category”.

Justice Suresh ruled, “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.”

Suggested Reading: What Is Horizontal Reservation? Why Women Are Having Hard Time Claiming Them