NEET PG reservation for Transgender candidates: HC issues notice to NMC

Hyderabad: The Telangana High Court bench has sought to know the stand of the National Medical Commission (NMC) regarding the reservation for transgender candidates appearing in the postgraduate medical entrance examination, NEET PG.

A two-judge division of the High Court comprising Chief Justice Ujjal Bhuyan and Justice N Tukaramji was considering a plea by a transgender doctor challenging an order issued by NMC in respect of admissions in PG medical courses. 

Belonging to Scheduled Caste Community and also the transgender community, the petitioner Dr. Koyyala Ruth John Paul also prayed to the court for issuing a direction to provide a separate category for transgenders other than women and general in Post Graduate Medical Education Regulation 2000.

The petitioner doctor had already secured a reservation under the Scheduled Caste Community. However, being a transgender, she was also seeking a direction as a member of the third gender. 

Opposing this, the counsel for NMC informed the bench that the petitioner has availed reservation under SC category and now she was seeking a reservation within reservation as a member of the third gender.

On the other hand, the counsel for the petitioner objected to this and submitted that the petitioner doctor was clubbed with female candidates. The petitioner's counsel further pointed out that Supreme Court in the case of National Legal Services Authority v. Union of India had held that the members of the transgender community are required to be treated as third gender.

Further, the Apex Court has also issued a direction to the Central and State Governments to take steps to treat them as Socially and Educationally Backward Classes of citizens and extend all kinds of reservation in cases of admission to educational institutes and for public appointments.

NMC Counsel Gorantla Pujitha submitted that the petitioner introduced herself as an 'SC male' candidate in NEET 2022 selections and failed to secure a seat. “This year, she was seeking the seat under the transgender quota,” she submitted.

Also Read: Trans Doctors to Move Telangana HC seeking permission to pursue higher studies as Third Gender

On the other hand, the counsel for the petitioner argued that despite the order by Supreme Court, transgender candidates were not shown as a separate OBC category. She submitted, “The petitioner is now being shown as a female."

As per the latest media report by The Hindu, the counsel for the Union Government argued that the petitioner was not a born transgender. At this outset, the bench observed, “That cannot be a ground to deprive the person of reservation in admission under transgender community.” The bench has also directed the counsel for NMC to secure further instructions regarding the matter.

Times of India adds that observing that the action of the authorities were seemingly against the Apex Court order, the HC bench observed that societal prejudices will disappear only when transgender persons hold high positions in society.

“Slowly, the society has started treating them with some sense of dignity and they are getting appointed as vice-chancellors and holding other important positions also,” the bench observed.

Apart from this, the bench has also asked the NMC counsel to furnish the details of the marks secured by the last admitted candidate belonging to SC and OBC categories in NEET PG 2023. Directions were also issued to the Health Department to inform the court about steps that were initiated by the State in this context.

"In view of the stand taken by learned counsel for respondent No.5, we direct her to obtain further instructions as to the marks secured by the last admitted candidate belonging to SC and OBC categories in NEET-PG 2023 admission. Learned Government Pleader for Health, Medical and Family Welfare Department shall also obtain instructions as to the steps taken by the State Government in this regard," the bench ordered on June 19.

The matter has been posted for further hearing on June 20 as the first item.

To read the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/telangana-hc-transgender-reservation-212262.pdf

Medical Dialogues had earlier reported how after creating history by joining the Osmania General Hospital as the first transgender doctors, Dr. Prachi Rathore and Ruth John Paul Koyyala were planning to approach the HC seeking permission to pursue higher education as "third gender". Despite clearing the NEET PG examination previously, these doctors were denied seats under the transgender category.

Earlier this year, while considering a plea by Dr. Ruth John Paul Koyyala seeking direction to the authorities to provide a separate category for transgenders other than women and general, the Telangana HC bench had directed the authorities to consider the representation by the petitioner doctor and pass appropriate orders by duly taking the law laid down the Hon’ble Supreme Court in National Legal Services Authorities case.

To view the HC order in this regard, click on the link below:

https://medicaldialogues.in/pdf_upload/telangana-hc-transgender-category-212261.pdf

Also Read: Telangana: Two transgender doctors appointed as Medical officers at Osmania General Hospital