NEET PG: Telangana HC Slams State for not registering transgender doctor under third gender category

Hyderabad: Taking note of the fact that despite the earlier court direction, the State Government has not instructed the counselling authority to register a transgender doctor under the 'third gender' category in the National Eligibility-cum-Entrance Test Postgraduate (NEET-PG) examination 2023, the Telangana High Court recently slammed the State.

This comes after last month the Telangana High Court directed the State Government, Central Government, and the National Medical Commission (NMC) to provide reservations under the transgender quota to NEET PG candidates seeking admission for post-graduate (PG) medical courses in 2023.

The HC bench issued this order while considering a plea by Dr. Koyyala Ruth John Paul, a transgender woman who belongs to the Scheduled Caste category. The doctor had 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.

''...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 had earlier ordered.

During the hearing of the case on July 20, a Division bench of Justices Abhinad Kumar Shavili and N. Rajeshwar Rao took note of the fact that despite the previous directions from the Court, the State did not comply with the order.

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

“How can you do that? How can you again say she is female, when she identifies as a transgender? ... Despite earlier writ petition, which was disposed of following the judgement of the Supreme Court of 2014, and in spite of this Court granting interim directions, how can you again classify the petitioner as a female?" the bench was quoted saying by Live Law.

The counsel for the doctor contended that despite there being clear order from the Court, the State or Central Government did not take any steps to create reservation under the 'third gender' in the NEET PG selections.

Further, the Court was told that Kaloji Narayana Rao University of Health and Science again registered the petitioner doctor under the 'female' category and also denied her reservation under the 'transgender' quota.

Taking note of this, the bench observed, “When you are implementing Supreme Court judgement, why are you making the person run to court twice thrice? If this kind of attitude is there, the petitioner will have to keep running around the Court and forget NEET and all those things. Not fair, no sir.”

On the other hand, the counsel for the State, the Special Government Pleader Advocate Sanjeev Kumar submitted that recently the State issued guidelines for considering transgender individuals as "socially and economically backward class" in various sectors. The government counsel also requested the Court for time to get instructions regarding their implementation.

Further, the Special GP also undertook to personally instruct the Chief Secretary of the State Counselling Authority about the court order.

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.

Although the petitioner made fresh representation before the NMC, the Commission said that since PGMER 2000 do not provide for reservation on the basis of gender, the petitioner could not be given a seat under the 'third gender' quota.

Challenging the NMC order, the petitioner doctor approached the Telangana High Court and sought reservations for transgenders in terms of the decisions of the Supreme Court in National Legal Services Authority v. Union of India.

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