Chief Justice of Telangana High Court Ujjal Bhuyan on Monday sought to know if the National Medical Commission (NMC) did not want a transgender to become a medical super specialist.
The CJ, along with Justice N. Tukaramji, was hearing a writ petition filed by a transgender student challenging an order issued by NMC with regard to admissions in PG medical course. The petitioner belonging to Scheduled Caste community had reservation in securing PG medical seat.
The petitioner, a transgender, was also seeking reservation within reservation as a member of the third gender. Opposing this, counsel for NMC G. Sri Ranga Pujitha contended that the petitioner already had availed reservation and she had to secure instructions on further course of action over the petitioner’s claim.
Petitioner’s counsel Sagarika Koneru informed the bench that her client was allocated admission in female quota. But as per the Supreme Court verdict in National Legal Services Authority vs Union of India not only were members of the transgender community required to be treated as third gender but also the Central and State governments should take steps to treat them as Socially and Educationally Backward Classes of citizens.
The apex court also ruled that transgenders should be extended reservations in admissions of educational institutions and public appointments. The Union government’s counsel said the petitioner was not a born transgender. “That cannot be a ground to deprive the person of reservation in admission under transgender community,” the bench noted.
The bench instructed the NMC counsel to secure further instructions on the matter and furnish details of the marks secured by the last admitted candidate in SC and Other Backward Classes categories in NEET-PG 2023 admissions. The bench asked the Government Pleader for Medical and Family Welfare as to what steps were initiated by the State government in the backdrop of SC judgement in the matter.
The bench directed the GP to ascertain details of the steps taken by the State government in the matter and present them before it. The matter was posted to Tuesday to be heard as the first item.
