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2022 Supreme(Mad) 486

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Munishwar Nath Bhandari, N. Mala, JJ.
P. Sudha – Petitioner
Versus
The Secretary Tamil Nadu State Government Secretariat, Chennai & Another – Respondents
W.P.No.16113 of 2022
Decided On : 29-06-2022

Advocates:
Advocate Appeared:
For the Petitioner:M. Madhu Prakash, Advocate.
For the Respondent:R. Shunmugasundaram, Advocate General Assisted by P. Muthukumar, State Government Pleader & Alagu Gowtham, Government Advocate & Shakeena A.G.

Headnote:

Constitution of India, 1950 - Article 226 - Transgender Persons (Protection of Rights) Act, 2019 - Writ of Mandamus – Power of High court to issue writs - Seeking reservation for third gender - Writ petition has been filed to direct respondents to consider the representation of the petitioner seeking reservation for third gender in Government jobs – Held, it became clear that transgenders have already been brought under the category of Most Backward Classes and they are getting reservation. Ignoring the aforesaid factual position, present writ petition has been filed by petitioner - Hence, considering the submission made by learned Advocate General, Court find present writ petition to be unnecessary, as necessary Government Order has already been issued to treat transgenders under the category of Most Backward Class to enable them avail the benefit of reservation in Government employment - Writ petition disposed of.

JUDGMENT :

Munishwar Nath Bhandari, J.

(Prayer : Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider the representation dated 17.06.2019 and to direct the respondents to consider the reservation for government jobs and Government allotted jobs for the third gender.)

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 dated 06.04.2015, 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 dated 29.07.2008 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.

4. Hence, considering the submission made by the learned Advocate General, we find the present writ petition to be unnecessary, as the necessary Government Order has already been issued to treat the transgenders under the category of Most Backward Class to enable them avail the benefit of reservation in Government employment. Therefore, no further direction is required to be given in this writ petition and the same is disposed of accordingly. However, there shall be no order as to costs.

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