12 June 2024 Constitutional & Government >> Constitution & Law Procedure   |   Education >> Miscellaneous  

A transgender woman in Tamil Nadu has won a significant legal battle, securing the right to be considered under a separate category for government jobs. The Madras High Court's decision upholds equal opportunity for transgender individuals as mandated by a landmark Supreme Court judgement in 2014.

The petitioner, who identifies as a transwoman, applied for the civil service exam but was disqualified despite scoring above the general cut-off mark. However, her score fell below the cut-off mark specifically for Scheduled Caste women, the category she was placed under in the application.

The crux of the case lies in the Tamil Nadu Public Service Commission's (TNPSC) failure to recognize a separate "transgender" category. The petitioner argued that this violated the National Legal Services Authority vs. Union of India judgement (NALSA judgement) of 2014. This landmark judgement declared transgenders as a "third gender" and directed the government to treat them as a socially and educationally backward class, granting them reservations in education and employment.

The court acknowledged the ongoing delay by the Tamil Nadu government in implementing the NALSA judgement's directives regarding reservations for transgenders. In a strong order, the court directed the state government to:

• Recognize transgenders as a separate category in all government recruitment and educational avenues.
• Set specific cut-off marks and age relaxation norms specifically for transgender candidates.

While the petitioner couldn't be considered for the exam she originally applied for due to a closed notification, the court allowed her to apply under the latest notification (2022) and be considered under the newly established transgender category.

This judgement is a crucial step towards ensuring equal opportunities for transgender individuals in Tamil Nadu. It emphasizes the importance of implementing the NALSA judgement and paves the way for a more inclusive government recruitment process.