The Madras High Court has directed the Tamil Nadu Social Welfare Department to consider providing three per cent reservation to transgenders in education and employment by creating a separate class or group for them.
Disposing a batch of PILs seeking to permit transgender women to appear in all examinations under the category of male, a bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan directed the government to take a decision in this regard within six months.
The PILs sought creation of a separate class or group for the transgenders in all education and employment opportunities and create 3 per cent reservation to them in education and employment.
The petitioners, all transgenders, had education and some of them had post graduate degrees and applied for writing TNPSC examinations.
The bench through an interim order earlier had already directed the government to allow them to participate in the examination.
The counsel for the petitioners submitted that there are only 3328 transgenders in Tamil Nadu who have been issued the identity cards.
Instead of giving reservation to the transgenders in the Most Backward Category, giving a percentage or a post-based reservation be made available to them in different categories.
The counsel submitted that on October 24, 2013, they made a representation to the Tamil Nadu Chief Secretary claiming the rights under the Constitution and seeking permission to appear in all examinations conducted by the Government and giving 3 per cent reservation in all employment for transgenders.
Detailing that most of the transgenders were chased out from the family, they submitted that if the government comes forward to protect them by creating sufficient opportunities and reservations in the field of education and employment, none of the transgenders will involve in illegal activities.
"We are of the view that the aforesaid plea merits consideration and we direct the Tamil Nadu Social Welfare Department to look into the matter in consultation with all relevant departments and a decision be taken in this behalf within six months", the judges said.