No admission to trans woman under special category status at Tanuvas: Madras HC

CHENNAI: The Madras High Court on Wednesday refused to grant admission to A Nivetha, a trans woman, in a degree course at Tamil Nadu Veterinary and Animal Sciences University (Tanuvas) under a special category, other than the caste reservation, as it was against the policy decision of the State.

Justice M Dhandapani heard the plea seeking to admit the petitioner in the Bachelor of Veterinary Science and Animal Husbandry Course for the academic year 2024-2025 under a special category as a transgender person.

Nivetha’s counsel KV Sajeevkumar submitted that the university had not considered his client’s application despite the court’s order. "She was granted reservation under the Scheduled Caste category and not under the special category for transgender people," he contended.

The counsel recounted that several Supreme Court judgments had directed state governments to treat transgender people under a special category while considering them for employment and education opportunities, however the Tamil Nadu government has not bothered to implemented it, he submitted.

"To uplift the transgender community, my client should be granted reservation under the special category other than caste reservation," said the counsel.

However, the judge refused to accept the submission as the university had granted the cut-off mark to the petitioner under the Scheduled Caste category. "Since there is no special category of reservation for trans women in the State, the Court cannot grant such reservation, as it would be against the policy of the State government," said the judge.

The counsel submitted that his client couldn't secure admission if she was granted caste reservation and sought to consider her application for admission under special category to uplift the marginalised community.

The judge refused the submission stating that the petitioner’s counsel was seeking admission irrespective of any competition, and suggested him to file a public interest litigation (PIL) demanding special category for transgender persons.

The petition was moved by A Nivetha seeking to quash the admission notification published by the university for the under graduate course as it didn't categorise transgender people under a special category. Since the gender was not listed, she could not enroll in the course, the petitioner stated.

On September 17, the judge had observed that Tanuvas should not reject the application of the petitioner based on her gender and directed it to consider her application and place her into the course.

However, the petitioner once again moved the Court as her petition was not considered under special category.