Grant special reservations for Trans people: Madras HC

Chennai: The Madras High court directed the Tamil Nadu government to grant special reservations for Transgenders/Third Genders (TGs) in public jobs in the future. That too, apart from other concessions provided to the economically and socially backward classes, the court said on Wednesday, PTI reported.

Justice MS Ramesh ruled after allowing a batch of writ petitions from Saratha and seven others.

The court asked the government to grant relaxations in physical measurement, endurance and physical efficiency tests for the TGs, who identify themselves as 'male' or 'Third Gender' on par with the concessions extended to women candidates and other socially and economically backward classes.

Government can adopt the ratio it does to the other socially and economically backward classes, for granting privileges to TGs,

The petitioners contended that they were discriminated against in the recruitment for processes for the posts of Grade-II constables and the like for 2017-18, 2019 and 2020 by the state government. The process was inadequate and inconsistent with the orders passed by the Supreme Court as well as the Madras HC. They demanded reservations, relaxations and concessions when considering their candidature.

The HC quashed the contenders' disqualification on the recruitment process and ordered that since they had qualified the initial selection process, they should be admitted in the upcoming physical, endurance etc., tests with relaxations applicable for women candidates. If they pass the requirements, they must be appointed as Grade-II constables, and the whole process must be done within eight weeks.

The court further said that the relaxation in the upper age limit for TGs is not a "reservation" but a relaxation to fit them into a place on par with the general category.

The SC, in the National Legal Services Authority (NALSA) case, had directed all state governments to admit TGs, who applied under the female category, along with women candidates.

The HC said that the state not providing any kind of reservation for the TG's in the male category is also a violation of Articles 14 and 16(1) of the Constitution as same as when TG's applied under female category denied of relaxations.