The court affirmed the rights of transgender individuals to inclusive education and protection from discrimination, directing compliance with the Transgender Persons (Protection of Rights) Act, 2019.

COMMON ORDER

These five writ petitions have been filed, i) directing the respondents No.1 to 6 to take action against the respondent No.9 and consequently, ensure that the original school educational documents of the petitioner, ii) directing the respondents 3, 5, 6 and 7 to take action against Respondent No.9 based on the petitioner's representation dated 30.05.2025 and consequently, ensure that the internship log book of the petitioner is accepted, iii) directing the respondents 1 to 7 to take action against Respondent No.9 and consequently ensure that the documents including the final certificate of compulsory rotating medical internship, attempt certificate, transfer certificate, course cum conduct certificate are issued to the petitioner, iv) directing the respondents 1 to 7 to take action against Respondent No.9 and consequently ensure that the arbitrary fee demand as fifth year fees from the petitioner is withdrawn and v) directing the respondents 6 and 7 to constitute a committee accessible for transgender persons at the university level as per Rule 10(8) of the Transgender Persons (Protection of Rights) Rules, 2020 issued by the Government of India.

2. The petitioner is a transgender and after completion of XII standard, the petitioner passed NEET-UG examination. Thereafter, the petitioner got admission under the 9th respondent college under the Telugu Minority Seat in management quota to the M.B.B.S course. The 9th respondent medical college is affiliated to the Tamil Nadu Dr. M.G.R Medical University. According to the petitioner, the petitioner had paid the fees for the entire course and even then, the 9th respondent asked for balance fees. Now, the petitioner had completed 5 years course and the petitioner was issued a professional degree certificate for completion of M.B.B.S course by the 5th respondent. However, the original educational certificates were not issued to the petitioner by the 9th respondent for the reason that there are arrears of fees.

3. The learned counsel appearing for the 9th respondent submitted now, they intended to waive any fees arrears and ready to return of all the original certificates.

4. During the petitioner's under graduation in the 9th respondent college, the petitioner suffered with a lot of discrimination and the petitioner was not provided gender neutral hostel accommodation and as such, the petitioner was denied the bonafide certificate, compulsory rotating medical internship certificate and the petitioner was not returned the educational certificates and documents which were handed over to the 9th respondent college, during the admission of the petitioner in the M.B.B.S course. The Hon'ble Supreme Court in the case of National Legal Services Authority of India v. Union of India reported in 2014 (5) SCC 438, recognized the fundamental right of the transgender persons under the Constitution of India including the right of self determination of gender identity. Therefore, the Supreme Court directed the Centre and State Governments to seriously address the problems being faced by hijras/transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one's gender is immoral and illegal. Thereafter, the Transgender Persons (Protection of Rights) Act 2019 was enacted and the Transgender Persons (Protection of Rights) Rules, 2020 were notified subsequently.

5. According to the petitioner, the 9th respondent college violated the provision under Section 3 of the Transgender Persons (Protection of Rights) Act, 2019. It is relevant to extract the provision under Section 3 of the Transgender Persons (Protection of Rights)