MADRAS HC RECOMMENDS A SPECIFIC PERCENTAGE OF RESERVATION FOR TRANSGENDER PERSONS AND NOT CLUB WITH WOMEN RESERVATION

The Madras High Court recommended the State government provide a specific percentage of separate reservations for transgender persons in regards to future public employment. The Court further held that clubbing Transgender persons who self-identified as females under the 30% vacancies reserved for women candidates is unconstitutional.

Further, Justice MS Ramesh also ruled that failure to provide any reservation to third gender (TG) who identified themselves as 'male' is also violative of NALSA judgment given by the Top Court.

The Court held the above in a petition filed by TG persons challenging the recruitment procedure for Grade-II Police Constables led by the TNUSRBThe Court found that the procedure adopted in the recruitment process of Grade-II Police Constables stands vitiated, as it fails to provide special reservation for the TGs of both male and female categories. 

The HC set aside the disqualification of all the petitioners by stating that “The respondents had violated the equality of opportunity to the TGs in the impugned notification, is arbitrary and unfair.”