RAKSHIKA RAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed challenging the G.O.Ms.No.28, Backward Classes, Most Backward Classes & Minorities Welfare (BCC) Department dtd. 6/4/2015 issued by the second respondent, thereby included in the list of Most Backward Classes "Transgender or Eunuch (Thirunangai or Aravani) in SI.No.36C of Schedule IV in G.O.Ms.85 Backward Classes, Most Backward Classes in the State for reservation of seats in Educational Institutions and appointments or posts in the services under the State form the date of issue of the order.

(2.) Heard the learned counsel on either side and perused the materials available on record.

(3.) The petitioner is a Transgender and had registered with the Tamil Nadu Transgender Welfare Board. She was also issued with an identity card. She is qualified with B.Sc Nursing and got registered with the Tamil Nadu Nurses and Midwives Council. Though the reservation was accorded for transgender, it was provided under the category Most Backward Class (herein after called as "MBC") and provided vertical reservation, treating the transgender community as a caste, instead of horizontal reservation by treating transgender as gender identity. The Government Order impugned in this writ petition was passed on the basis of the recommendation issued by the Tamil Nadu Backward Classes Commission and the Judgment of the Hon'ble Supreme Court of India, in the case of NALSA v Union of India reported in (2014) 5 SCC 438 and the Hon'ble Supreme Court of India recognized the legal identification for the transgender as third gender and directed the State to take necessary steps to treat the transgender community as social and educationally backward classes of citizens.