P.SUDHA Vs. SECRETARY

JUDGEMENT

(1.) The writ petition has been filed to direct the respondents to consider the representation of the petitioner seeking reservation for the third gender in the Government jobs. The prayer has been made in reference to Transgender Persons (Protection of Rights) Act, 2019.

(2.) Mr.R.Shunmugasundaram, learned Advocate General submits that, pursuant to the judgment of the Hon'ble Supreme Court in 'National Legal Services Authority (vs) Union of India and Others' reported in (2014) 5 SCC 438, where a direction was given in Para No.135.3 to the Central and State Governments to take steps to treat the transgenders as socially and educationally backward classes of citizens, the Government of Tamil Nadu has issued G.O.Ms.No.28 dtd. 6/4/2015, whereby the transgenders were brought under the category of Most Backward Class under Sl.No.36C of Schedule VI in G.O.Ms.No.85 dtd. 29/7/2008 for reservation of seats in educational institutions and appointments in the services of the State.

(3.) In view of the above, it became clear that the transgenders have already been brought under the category of Most Backward Classes and they are getting reservation. Ignoring the aforesaid factual position, the present writ petition has been filed by the petitioner.