The Madras High Court has struck down a Government Order (GO) issued on April 6, 2015 regarding transgender reservation.
It was providing vertical reservation to transgender persons in education and public employment by considering them under the Most Backward Classes (MBC) category.
The government came up with another GO on December 22, 2017, clarifying that those who possessed SC/ST certificates would be considered under the respective caste categories.
The 2017 GO said that only those transgender persons who did not possess SC/ST certificates would be considered under the MBC category.
The court held that the order was manifestly arbitrary and violative of Articles 14,15,16,19 and 21 of the Constitution.
It has directed the State government to provide horizontal reservation to the transgender community, across all caste groups.
Karnataka had implemented the apex court’s verdict by providing 1% horizontal reservation to transgender persons across all caste groups.