Thursday, March 30, 2023

Madras HC disposes of petition seeking quota for third gender in govt jobs

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The Madras High Court has disposed of a petition seeking a direction to the respondents to consider the representation of the petitioner seeking reservation for the third gender in government jobs.

The petition filed by one P. Sudha has prayed in reference to Transgender Persons (Protection of Rights) Act, 2019.

Advocate General R. Shunmugasundaram submitted that pursuant to the judgment of the Supreme Court in “National Legal Services Authority (vs) Union of India and Others” reported in (2014) 5 SCC 438, where a direction was given in Para No.135.3 to the Central and State Governments to take steps to treat the transgenders as socially and educationally backward classes of citizens, the Government of Tamil Nadu has issued G.O.Ms.No.28 dated 06.04.2015, whereby the transgenders were brought under the category of Most Backward Class under Sl.No.36C of Schedule VI in G.O.Ms.No.85 dated 29.07.2008 for reservation of seats in educational institutions and appointments in the services of the State.

In view of the above, it became clear to the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala that the transgenders have already been brought under the category of Most Backward Classes and they are getting reservation. Ignoring the aforesaid factual position, the present petition has been filed by the petitioner, observed the Bench.

Hence, considering the submission made by the Advocate General, the Court found the 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 to avail the benefit of reservation in Government employment.

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