SC to hear plea over reservation for transgender candidates in higher medical courses on September 18

NEW DELHI: The Supreme Court on Tuesday agreed to hear on September 18 a plea over reservation of seats for transpersons in higher medical education institutions. A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran said if there was a top court order for granting quota to transgender persons, then it should be followed.

Senior advocate Indira Jaising, appearing for few petitioners, said one of the issues was whether quota for the third gender persons will be horizontal or not. Under horizontal quota, transgenders, irrespective of the fact whether they belonged to SC, ST, OBC, and general categories, would get the benefit of reservation on account of them belonging to the third gender.

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OBC, general category transgender candidates

Jaising sought implementation of reservation benefits for transgender candidates in postgraduate medical courses in line with the landmark 2014 NALSA judgment that recognised the rights of transgender persons, including their entitlement to affirmative action.

The senior lawyer said she was representing three persons who applied for postgraduate medical training institutes. She said while one of the petitioners have now sought to withdraw the plea, the rest of the candidates, who belong to OBC and the general categories, respectively, want to avail the quota benefits.

According to Jaising, both petitioners had written the entrance exams, but ambiguity persisted over the cut-off marks applicable in case of transgender reservation being recognised. She pointed out various high courts issued conflicting orders, some granting ad-hoc reservations for transgender candidates and some declining the relief.