Take expeditious policy decision on horizontal reservation for trans persons, MHC tells TN govt

CHENNAI: The Madras High Court directed the State to take a decision expeditiously on horizontal reservation for Trans persons in education and employment to put an end to the struggles faced by the community.

A division bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy observed that the State should take a call in deciding the percentage of reservation to trans persons in education and employment, while disposing of an appeal seeking admission in Tamil Nadu Veterinary Animal Science University under special reservation.

Advocate General (AG) PS Raman submitted that the State is in the process of deciding the percentage of seats to trans persons under horizontal reservation and sought time to place further submissions in this regard.

After the submission, the bench granted six weeks of time to the State to make a policy decision in deciding the percentage of seats to trans persons under horizontal reservation and posted the matter to January next year.

The counsel who appeared for the university submitted that pursuant to the single judge order the management has withheld a seat to the appellant to enroll in the academic studies. After the submission, the bench directed the appellant to make representation before the university to avail the seat. and disposed of the appeal.

The appellant A Nivetha, a trans person, moved a petition before the court seeking to admit her in the Bachelor of Veterinary Science and Animal Husbandry Course for the academic year 2024-2025 under a special category.

While disposing of the petition, the single judge refused the plea as there is no special category of reservation for trans women in the State and the court cannot grant such reservation, as it is the policy decision of the government.

Aggrieved by the order, the appellant moved the appeal to direct the State to grant special reservations for trans persons.