Telangana HC Directs Centre, State And NMC To Grant Reservation To Transgender Doctor

The Telangana High Court has recently directed the Centre, state government, and National Medical Commission (NMC) to provide reservation under the transgender quota to an applicant seeking admission for post-graduate (PG) medical courses in 2023.

The court passed the order in response to a petition filed by Dr. Koyyala Ruth John Paul, a transgender woman belonging to the Scheduled Caste.

A division bench comprising Chief Justice Ujjal Bhuyan and Justice N Tukaramji stated that the decision should be taken in a manner which is beneficial to the petitioner.

“…as and when counselling commences for NEET PG 2023, respondents, more particularly respondent No.6 (Medical Counselling Commission of Telangana), shall extend the benefit of third gender status in addition to the petitioner’s status as a “Scheduled Caste” candidate while considering admission in any of the courses either under the central quota or under the State quota for NEET PG 2023 in a manner which is beneficial to the petitioner,” the order stated.

The Telangana High Court has given the petitioner the option to inform the court of any difficulties encountered during the next hearing, scheduled for July 20.

The petitioner’s counsel stated that Dr. Koyyala Ruth John Paul appeared for NEET PG 2023 and obtained 291 marks out of 800. However, the petitioner has only been recognized as a candidate from the Scheduled Caste, disregarding their special status as a member of the third gender. The lawyer further argued that one seat in the Post Graduate course, both under the State and central quota, should be reserved for Paul.

Referring to a Supreme Court judgment, the counsel highlighted that members of the transgender community should be treated as the third gender and that the apex court has directed the central and state governments to extend all forms of reservation, including admission to educational institutions and public appointments, to them as socially and educationally backward citizens. The petitioner had previously participated in the PG NEET 2022 and obtained 261 marks out of 800.

During the counseling session held in November 2022 for All India and State Quota seats, Paul was categorized as “female” despite registering as a member of the third gender. Subsequently, the petitioner submitted representations to the Centre, state government, National Medical Commission, and others, requesting the benefits of reservation as a transgender individual in Post Graduate medical admissions in Telangana.

As the representations were not considered, the petitioner approached the court. It is worth noting that Paul is one of two transgender individuals from Telangana who made history by becoming the first transgender doctors to join government service in the state last year.