In a landmark ruling, the Madras High Court has annulled the 2015 Government Order (GO) that placed transgender reservation candidates under the Most Backward Classes (MBC) category for reservations in education and public employment. Justice G.K. Ilanthiraiyan declared the order arbitrary and unconstitutional, directing the Tamil Nadu government to implement a separate horizontal reservation for transgender individuals across all caste categories within 12 weeks.
The judgement came in response to a petition by Rakshika Raj, a transgender nurse, who argued through her counsel N.S. Tanvi that the 2014 Supreme Court’s National Legal Services Authority (NALSA) judgement mandated horizontal reservations for transgender persons. Justice Ilanthiraiyan concurred, noting the State’s failure to comply with the apex court’s directive.
Karnataka had already set a precedent by implementing a 1% horizontal reservation for transgender individuals across all caste groups. However, Tamil Nadu’s 2015 GO had controversially placed transgender persons under the MBC category, which created confusion and potential disadvantages for those belonging to Scheduled Castes (SC) and Scheduled Tribes (ST).
To address this, the Tamil Nadu government issued another GO in 2017, clarifying that transgender individuals with SC/ST certificates would be considered under their respective caste categories. Those without such certificates would fall under the MBC category, and transgender individuals identifying as women could benefit from the 30% horizontal reservation for women.
Despite these efforts, Ms. Tanvi argued that the State’s approach remained convoluted. Justice Ilanthiraiyan agreed, emphasising the need for a clear and inclusive horizontal quota system for the entire transgender community. He highlighted the Supreme Court’s stance in the NALSA case, which underscored the systemic discrimination faced by transgender persons and the necessity for distinct horizontal reservations in education and public employment.
Our experts appreciate The Madras High Court’s ruling to annul the 2015 Government Order and mandate a separate horizontal reservation for transgender individuals is a pivotal step toward ensuring equitable representation. This decision aligns with the Supreme Court’s directive in the NALSA judgement, emphasising the need for clear and inclusive policies to address systemic discrimination. Vakilsearch offers specialised legal expertise to help you understand and comply with new regulations, ensuring fair representation and inclusion. Contact Vakilsearch for comprehensive legal support tailored to your needs.
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