Transgender Persons Classified As "Most Backward Class" For Reservation In Educational Institutions, Govt Jobs: TN Govt Tells High Court

The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala opined that no further directions were necessary and that the present writ petition was unnecessary. It observed:

Considering the submission made by the learned Advocate General, we find the present writ petition to be unnecessary, as the necessary Government Order has already been issued to treat the transgenders under the category of Most Backward Class to enable them avail the benefit of reservation in Government employment. Therefore, no further direction is required to be given in this writ petition and the same is disposed of accordingly.

The petition was filed by the president of Indian Transgender Initiative seeking to issue directions to the State to consider granting reservation to the third genders in government jobs and government allotted jobs.

The petitioner submitted that job opportunities were denied to the third genders as job preference as well as reservation was considered only in two categories - male and female and that the third gender was not being identified or being considered for opportunity. It was contended that the Right to Employment was being denied by not including the third gender as a category in the employment reservation. The petitioner also contended that even while publishing vacancies, only that of men and women was being published and the community of third gender was being ignored.

It was submitted that the denial of employment opportunities has pushed the community to the bottom of the society and allowing such reservation will not only help in uplifting them but also improve the confidence of members of the community.

Advocate General Mr. R. Shunmughasundaram informed the court that the Supreme Court in "National Legal Services Authority (vs) Union of India and Others" reported in (2014) 5 SCC 438, had directed the Central and State Governments to take steps to treat the transgender persons as socially and educationally backward classes of citizens. Pursuant to this direction, the Government of Tamil Nadu vide G.O.Ms.No.28 dated 06.04.2015 had brought Transgender persons under the category of "Most Backward Class" for reservation of seats in educational institutions and appointments in the services of the State.

Subsequently through G.O.Ms.No. 90 dated 22.12.2017, the government further clarified that those Transgender persons who belonged to a particular community and had community certificate would be considered for reservation in that category and those who did not possess any community certificate would be considered under the Most Backward Class category. Further, those Transgender persons who identified themselves as "Female" by self declaration supported by ID card issued by the Tamil Nadu Third Gender Welfare Board (TNTGWB) would be considered against both 30% reservation for women and 70% reservation for general category. Those who identified themselves "Male" or "Third Gender", on the other hand, would be considered against the 70% reservation for general category.

In light of the above submissions, the court was satisfied that necessary benefits of reservation were granted to the transgender persons and no further action was necessary.

Case Title: P.Sudha v. The Secretary and another

Case No: W.P.No.16113 of 2022

Citation: 2022 LiveLaw (Mad) 276

Counsel for the Petitioner: Mr.M.Madhu Prakash

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