Lawstreet Journal

Transgender persons should be given separate reservations, not clubbed with women’s reservation: Madras High Court

Lawstreet Journal 4 Mar 2022 12:20am

Image courtesy: Lawstreet Journal Judiciary Transgender persons should be given separate reservations, not clubbed with women’s reservation: Madras High Court

The Madras High Court strongly recommended the state Government to provide specific percentage of reservation to the third gender in matters of future public employments. 

Justice MS Ramesh held that State's decision to combine Transgender persons who identified as females, with the 30% vacancies reserved for women candidates, without extending a special reservation for the TGs, is violative of Articles 14 and 16(1) of the Constitution and the direction contained in Supreme Court's NALSA judgment.

Further, the Court also ruled that failure to provide any reservation for transgender persons who identified themselves as 'male' was also violative of NALSA judgment. The Court, therefore, quashed the disqualification of the petitioners from the recruitment process for the post of Grade-II Police Constables conducted by the Tamil Nadu Uniform Services Recruitment Board TNUSRB for the years 2017-18, 2019 & 2020. 

It was held that that relaxations in the upper age limit for transgenders was not “reservation” and clubbing transgenders’ reservation along with women was violative of Article 14 and 16 (1).

On a submission made by the petitioners’ counsel, the single-judge was informed of a notification of the Karnataka government extending 1% reservation for transgender persons in the matters of public employment.

With these, amongst other, directions relating to recruitment of Trans people in public employment, the Court allowed the petition.

Senior Advocate Jayna Kothari with Advocate C Prabhu appeared for the petitioners while the respondents were represented by Additional Advocate General P Kumaresan and Advocate C Selvaraj.

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Tagged: transgenders  
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