Provide reservation to Transgender NEET PG candidates: HC directs NMC, Centre, Telangana Govt

Medical Dialogues had earlier reported that the 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.

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.

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."

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.

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 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.

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During the recent hearing, a division bench of Chief Justice Ujjal Bhuyan and Justice N Tukaramji said the decision should be taken in a manner which is beneficial to the petitioner.

''...as and when counselling commences for NEET PG 2023, respondents, more particularly respondent No.6 (Medical Counselling Commission of Telangana), shall extend the benefit of third gender status in addition to the petitioner's status as a "Scheduled Caste" candidate while considering admission in any of the courses either under the central quota or under the State quota for NEET PG 2023 in a manner which is beneficial to the petitioner,'' the bench said in its order

The petitioner's lawyer submitted that Paul appeared for NEET PG 2023 and secured 291 marks out of 800 marks. However, the transgender person has only been treated as an SC candidate and the special status of belonging to the third gender has been completely overlooked.

He further submitted that one seat in the Post Graduate course in the medical colleges, both under the State quota as also under the central quota should be earmarked to Paul.

Citing a Supreme Court judgment, the counsel said not only are members of the transgender community required to be treated as third gender, but a direction has been issued by the apex court to the central and the state governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in case of admission to educational institutions and for public appointments.

The petitioner had earlier appeared in the PG NEET 2022 and secured 261 marks out of 800. During the counselling session held for both All India and State Quota seats in November 2022, Paul was categorised as "female" despite having registered as the third gender.

Subsequently, the petitioner made representations to the Centre, state government, National Medical Commission, and others, to extend her the benefit of reservation as a transgender person in the Post Graduate medical admission in Telangana state, the counsel said. Since the representations were not considered, the petitioner approached the court.

Paul is among the two transgender persons from Telangana who scripted history by becoming the first transgender doctors to join government service in the state last year.

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