Special Quota for Transgenders in Nursing Courses, Directs Madras HC

October 14, 2022, New Delhi, Transgender Reservation: The Madras High Court has ruled that transgenders are entitled to a special reservation under the Third Gender category for admission to Post Basic Nursing and Post Basic Diploma in Psychiatry Nursing courses.

The High Court of Madras has also directed the Tamil Nadu Health and Family Welfare Department and Directorate of Medical Education, Chennai to include the petitioner, S Tamilselvi, in the Third Gender category for admission to the nursing course for the academic session 2022-23.

Transgender Reservation – Background

  • The petitioner, S Tamilselvi, in her early twenties, was forced to quit a nursing college as it did not have provisions for the transgender category. However, with the help of the human rights commission, she secured admission to a diploma programme at the Government Medical College in Vellore. She became the first transgender person to attend a nursing course in Tamil Nadu.
  • The petition raised concerns of prevalent unequal rights and opportunities for the Third Gender category for admission in Psychiatry Nursing Courses.
  • Justice R Suresh Kumar, after hearing the petition, acknowledged the need for special reservation for the Third Gender category, so that talented candidates from this special category can have equal rights to showcase their capabilities.
  • The court also added that if the petitioner would have been given proper consideration, she would have been one of the top candidates in the admission process.ย ย ย 
  • Thus, the court ordered to put the petitioner under the Third Gender category for admission to the Psychiatry Nursing course of 2022-23.

Transgender Reservation – Judgement Highlights

  • Justice R Suresh Kumar further mentioned that apart from Tamilselvi, if there are applications from other candidates belonging to the same category, then a separate merit list needs to be published.ย 
  • The candidates will be selected based on merit among the Third Gender category.
  • In case of selecting more than one candidate, based on the merit list, admission shall be given to all transgender applicants.

Frequently Asked Questions (FAQs)

What does transgender mean?

Transgender is a term used to describe people who do not recognise themselves with the gender identity they were assigned at birth.

What is โ€œThird Genderโ€?

The term โ€œThird Genderโ€ is used to describe people who do not recognise themselves as female or male.

Who is S Tamilselvi?

S Tamilselvi is a 26-year-old transgender, who was forced to leave a nursing college in 2016 as it did not have any provision for transgender candidates. She then sought help from the Human Rights Commission and submitted a petition at the Madras HC and became the first transgender candidate to join a nursing course in Tamil Nadu.

What are the eligibility criteria for a transgender person to get admission to a Diploma in Psychiatry Nursing course?

The eligibility criteria for a transgender person to get admission to a Psychiatry Nursing course are – a B.Sc. in Nursing course, a nursing license, and a minimum of 50% marks in the UG course.

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