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The Madras High Court on Tuesday closed a plea and granted permission to the members of the third gender to insist that the government or the authorities concerned provide reservation for them in future employment processes.

The Division Bench of Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu noted that,

“This public interest litigation has worked itself out since there is no third gender application pursuant to the said notification.”

Accordingly the Bench observed that, “WP No.22142 of 2021 is disposed of without affecting the petitioner and the rights of members of the third gender to insist on reservation in future recruitment processes. WMP No.23376 of 2021 is closed.”

The Registrar-General had submitted that there was no application from any person belonging to the third gender and hence the Bench observed that,

“While the laudable object of the petition is appreciated, it is evident from a report filed by the Registrar (Recruitment) of this High Court that no transgender candidate had applied pursuant to the publication of the court notification No.36/2021 on March 14, 2021.”

It was prayed in the petition to direct the second respondent Registrar-General of the High Court to conduct a special recruitment drive for transgenders with one per cent reservation for transgenders in the vacancies, for which applications were invited by court notification No.36 of 2021.

It was further informed to the Bench, that the transgender candidates who did not possess community certificates were considered under the quota for Most Backward Classes (MBCs) and were also provided the option of identifying themselves as male, female or third gender, still none applied.

Taking into account the factual matrix of the present case, the Bench disposed of the PIL petition without affecting the petitioner Grace Banu Ganesan's right to file another case seeking reservation for the transgender persons in future appointments.

Cause Title - Grace Banu Ganeshan v. The Chief Secretary, 2021