Madras HC disposes plea seeking reservation for transpersons in education, govt jobs
India Today
A PIL seeking a reservation for transpersons in education and public employment was disposed of by the Madras High Court. The court said that the best reservation for transpersons is already in place in the state.
The Madras High Court disposed of a public interest litigation (PIL) seeking a reservation for transpersons in education and public employment. The bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala disposed of the case after the Tamil Nadu government informed the court that the transpersons in the state were already provided the best possible options for reservation. The court said that the best reservation is already in place for the transpersons, disposing of the plea.
The case was filed by P. Sudha of the Indian Transgender Initiative. The state's council brought to the notice of the court that a government order (GO) was issued on April 6, 2015 to consider transgender candidates under the Most Backward Class (MBC) category in education and public employment. The collectors were asked to issue a certificate for transpersons in the Most Backward Class (MBC) category.
The government's order was passed after the Supreme Court on April 15, 2014, directed the Centre and the state governments to take steps to treat the transpersons as a socially and educationally backward class and provide reservations.
The court was also informed that in December 2017, GO it was clear that transgender candidates possessing Scheduled Caste (SC) or Scheduled Tribe (ST) certificates could be considered under those categories as well. Those who are not under any community will be automatically provided a reservation under the MBC category.
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It was also clarified that transpersons who fall under other category other than SC/ST/MBC, can apply under that particular category or under the MBC category. This could be done after ascertaining which of the two would be more advantageous to them in education and public employment.
The December 2017 GO of the Social Welfare Department also stated that a transgender candidate who identifies herself as a ‘female’ through a self-declaration before the Tamil Nadu Third Gender Welfare Board, would be entitled to a 30 per cent reservation meant for women candidates.
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