Justice GK Ilanthiraiyan quashed an existing TN Government Order that provided horizontal reservation to transpersons in the State who identified themselves as women, and vertical caste-based reservation for the rest.
The Madras High Court has directed the Tamil Nadu government to mandatorily provide horizontal reservation to all persons identifying themselves as transgender in the State.
In an order passed on April 8 this year, Justice GK Ilanthiraiyan quashed an existing order (GO) of the Tamil Nadu government that provided horizontal reservation to transpersons in the State who identified themselves as women, and vertical caste-based reservation for the rest of them.
Horizontal reservations refers to reservation given to a class or group cutting across groups enjoying vertical reservation.
Thus, while reservation for Scheduled Castes and Scheduled Tribes (SC/STs) is vertical reservation, reservation for persons with disabilities or women’s quota would count as horizontal reservation.
So, if there is ten percent vertical reservation for SC/STs and five percent horizontal reservation for transgender persons, then five percent of the seats reserved for SC/STs have to go to transgender persons from such communities.
The single judge called such GO arbitrary and in breach of Constitutional principles and said that the State must instead, provide horizontal reservation to the transgender community in compliance with the Supreme Court’s NALSA judgement within 12 weeks of the Court’s order.
“Once the transgender identity is a gender identity like man or woman, it is manifestly arbitrary and in violation of Article 14 to give woman horizontal reservation and treat transgender persons similar to men. Therefore, if once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated on the basis of gender identity, should also be entitled to similar reservation. In fact, the State of Karnataka implemented the Judgment passed by the Hon’ble Supreme Court of India and provided 1% horizontal reservation for all transgenders persons in public employment and accordingly, amended the Karnataka Public Servants Conditions of Service Act to provide for 1% horizontal reservation across all community reservations like SC, ST, MBC etc.,” the Court said.
The Court was hearing a petition filed by Rashika Raj, a qualified nurse, who identifies as a transgender person.
She got registered with the Tamil Nadu Nurses and Midwives Council and while she was extended the benefit of reservation it was provided under the category Most Backward Class (MBC) and it vertical reservation.
This was provided by treating the transgender community as a caste, instead of horizontal reservation by treating transgender as gender identity,” Raj told the Court.
