Today, On 18th September, Supreme Court decided it will hear the plea on transgender reservation in PG medical seats next week. The Chief Justice said, “With 2 months of counselling left, no urgency in listing the matter,” indicating a careful review ahead.
New Delhi: The Supreme Court heard a plea seeking reservation for transgender candidates in postgraduate (PG) medical institutes across India.
During the proceedings, the Additional Solicitor General (ASG) Archana Dave informed the bench that,
“SG will address larger reservation issue, seeks hearing next week.”
Senior Advocate Indira Jaising, appearing for the petitioner, said,
“It is my time to open the case. I wish you hear what the other side has to say. We want to drop petitioner 1, only 2 & 3 remain.”
During the hearing, ASG Dave also noted,
“Counselling of UG has started PG is yet to start.”
Chief Justice of India (CJI) remarked on the matter, stating,
“With 2 months of counselling left, no urgency. Lists matter next week, high on board.”
The matter is now scheduled to be heard next week.
Senior Advocate Indira Jaising approached the Supreme Court seeking reservation for transgender candidates in higher medical education under the NALSA judgment.
Earlier, on 16th September, She requested that two All India Quota (AIQ) seats, and one seat each in Andhra Pradesh and Tamil Nadu, be kept vacant to provide transgender petitioners a fair chance.
The Chief Justice of India (CJI) highlighted,
“Court’s judgment mandates reservation. At least 15% quota must be provided.”
Senior advocate Indira Jaising, representing several petitioners, highlighted a key issue: whether the quota for transgender individuals will be horizontal. Under a horizontal quota system, transgender persons, regardless of their SC, ST, OBC, or general category status, would receive reservation benefits solely based on their identity as part of the third gender.
Jaising urged for the implementation of reservation benefits for transgender candidates in postgraduate medical courses, referencing the landmark 2014 NALSA judgment that affirmed the rights of transgender individuals, including their eligibility for affirmative action.
She mentioned that she was representing three individuals who applied to postgraduate medical training institutes. While one petitioner has opted to withdraw the plea, the remaining candidates, who belong to the OBC and general categories, are keen to benefit from the quota.
Jaising noted that both petitioners have completed the entrance exams, but uncertainties remain regarding the cut-off marks that would apply if transgender reservations are recognized. She pointed out that various high courts have issued conflicting rulings, with some granting temporary reservations for transgender candidates while others have denied such relief.