The Supreme Court on Thursday adjourned till next week the hearing of a petition seeking reservation for transgender candidates in postgraduate medical courses.
A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran declined senior advocate Indira Jaising’s request to keep two seats each under the all-India and state quota vacant for the petitioners. The bench noted that counselling for PG medical admissions has not yet begun and said there was no immediate urgency to pass such an interim order.
“We cannot keep seats everywhere in limbo. You are saying two seats in all-India quota, two in state quota. Counselling has not started. We will keep this matter for next week high on board,” the CJI observed.
The case, Kiran A.R. and Others vs Union of India, seeks implementation of reservation benefits for transgender candidates in line with the Supreme Court’s landmark 2014 NALSA judgment, which recognised the rights of transgender persons and affirmed their entitlement to affirmative action.
During the hearing, Jaising informed the court that petitioner Kiran A.R. was withdrawing from the case and that only petitioners 2 and 3 — from the OBC and general categories respectively — would continue. She urged the court to pass a “very innocuous order” to reserve two seats until the issue is decided.
Appearing for the Union government and the medical authorities, Additional Solicitor General Archana Pathak Dave said Solicitor General Tushar Mehta wished to personally argue the larger question of reservation for transgender persons. Counsel for the National Medical Commission also submitted that counselling had not yet started, removing the urgency of interim relief.
One of the questions before the bench is whether reservation for transgender candidates should be applied as a horizontal quota — meaning candidates would benefit across categories such as SC, ST, OBC, and general, on account of belonging to the third gender.
Jaising pointed out that although both petitioners had qualified in the entrance examination, ambiguity persisted regarding cut-off marks applicable to transgender candidates if reservation is recognised. She also highlighted that various High Courts have taken conflicting approaches — some granting ad-hoc reservations, while others declined similar relief.
The bench has listed the matter for further hearing on September 23, clarifying that it will take up the issue “high on board.”
