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Swapna & Ors. v. Chief Secretary & Ors.

Read the full judgement here
citation:

WRIT PETITION NO. 31091 OF 2013

court:

MADRAS HIGH COURT

judges:

The Hon'ble MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R. MAHADEVAN

KEY FACTS:

Swapna, Grace, Selvi, Living Smile Vidya & Selvam filed a petition for reservation in employment and education. This petition directed the respondents to permit transgender persons to appear in all examination under the category of female and transman under the category of male and create a separate class or group for Transgender people in all education and employment opportunities. It consequently sought to create 3% reservation in the field of education and employment opportunities for the Transgender person.  

ISSUES & DECISION:

The issue before the court was of beneficial consideration for the employment of the members of the Transgender community. The petitioners submitted that only 3328 transgender persons in Tamil Nadu have been issued the identity cards. Thus instead of giving reservation as part of MBC category, it may be useful by giving a percentage or a post-based reservation, i.e. say at
least one post be made available in different categories.

The court was of the view that the plea of the petitioners merit consideration. It directed the second respondent to look into the same and take a decision in this behalf within six months from the date of the judgment.

SIGNIFICANCE:

This order recognised the shortfalls of including transgender persons under the MBC category and looked into a percentage or post-based reservation.