SC defers plea over reservation of transgenders in PG medical courses

The Supreme Court on Thursday adjourned till next week the hearing of a plea seeking reservation for transgender candidates in postgraduate medical courses.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran did not agree to the submissions of senior advocate Indira Jaising that two seats under the all India quota and two seats under state quota be kept vacant for two transgender petitioners.

The bench noted the submission of the National Medical Commission counsel, who said counselling for admissions in PG courses hadn't yet begun and said no immediate urgency was required for such an order.


"We cannot keep seats everywhere in limbo. You are saying two seats in all-India quota, two in state quota. Counselling has not started. We will keep this matter for next week high on board," the CJI said.

It was hearing a petition titled Kiran A.R. and Others vs Union of India.

The plea sought implementation of reservation benefits for transgender candidates in postgraduate medical courses in line with the landmark 2014 NALSA judgment that recognised the rights of transgender persons, including their entitlement to affirmative action.

During the proceedings, Jaising, appearing for the petitioners, informed the court that Kiran A.R. (petitioner 1) withdraws from the case and only petitioners 2 and 3, who belong to the OBC and general categories respectively, would be pursuing the plea.

"As of today, I am asking for a very innocuous order to keep two seats vacant," she said.

Appearing for the Union government and the medical authorities, Additional Solicitor General Archana Pathak Dave said Solicitor General Tushar Mehta wished to personally address the larger issue on reservation of transpersons.

The bench then deferred the hearing for September 23.

The top court previously said if there was a top court order for granting quota to transgender persons, then it should be followed.

Jaising said one of the issues was whether quota for the third gender persons will be horizontal or not.

Under horizontal quota, transgenders, irrespective of the fact whether they belonged to SC, ST, OBC, and general categories, would get the benefit of reservation on account of them belonging to the third gender.

According to Jaising, both petitioners had written the entrance exams, but ambiguity persisted over the cut-off marks applicable in case of transgender reservation being recognised.

She pointed out various high courts issued conflicting orders, some granting ad-hoc reservations for transgender candidates and some declining the relief.