The Madras High Court on Wednesday 2nd March strongly recommended the State Government to provide a specific percentage of separate reservations for the Third Gender (TG) or Transgender persons in matters of future public employment.
It was stated in the case of Saratha Vs The Member Secretary.
The judgment was delivered by Justice Ms Ramesh, he 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.
The Court also held that the failure to provide any kind of reservation for the Trans Gender persons in the male category and placing them on par with the general category candidates is violative of Articles 14 and 16(1) and unconstitutional. The Court held that such action defies the direction in the Supreme Court's NALSA judgment to provide reservation for transgender persons in public employment.
The court also held that clubbing of reservations of the Women and TGs together is opposed to Article 16(1), since it denies the right of opportunity to the TGs in matters of public employment and therefore unconstitutional. Above all, the TGs who had opted for the Men category, have been totally denied of any reservation, which infringes their right under Articles 14 and 16(1).
The Court noted that though the TNUSRB granted certain concessions to transgender persons, they were denied to those persons who identified themselves as "Male" or "Third Gender".
The Court further held that the relaxations in the upper age limit for the Transgender person, cannot be termed to be a "reservation", but rather a relaxation enabling them to fall within the zone of consideration and place them on par with the general category.
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