Today, On 16th September, Senior Advocate Indira Jaising urged the Supreme Court for transgender reservation in PG medical seats under the NALSA judgment, requesting vacant AIQ and state quota seats. CJI emphasized, “Court’s judgment mandates reservation. At least 15% quota must be provided.” The matter is listed for hearing the day after tomorrow.
The Supreme Court agreed to hear a petition regarding the reservation of seats for transgender individuals in higher medical education institutions on September 18.
A bench led by Chief Justice B R Gavai and Justice K Vinod Chandran stated that if there is a Supreme Court ruling mandating a quota for transgender persons, it should be adhered to.
Senior Advocate Indira Jaising approached the Supreme Court seeking reservation for transgender candidates in higher medical education under the NALSA judgment.
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.