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Transgender Persons Self-Identifying As Females Can’t Be Clubbed Under Women Quota, Should Be Given Special Reservation : Madras HC

[02 March 2022] The Madras High Court has held that clubbing Transgender persons who self-identified as females under the quota for women is unconstitutional.
The Court observed, “The decision of Tamil Nadu Uniform Services Recruitment Board (TNUSRB) to combine the TGs, who had opted for female category, along with the vacancies reserved for Women deprives equality to them which is violative of Articles 14 and 16(1) of the Constitution of India”.
The Court also held that the failure to provide any kind of reservation for the Transgender persons in the male category and placing them on par with the general category candidates, is violative of Articles 14 and 16(1) and unconstitutional. The Court held that such an action defies the direction in the Supreme Court’s NALSA judgment to provide reservation for transgender persons in public employment.

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