In a significant development for transgender rights in India, the Supreme Court will next week hear a plea seeking reservation for transgender candidates in the upcoming NEET-PG 2025 counselling. The petitioners, members of the transgender community, have urged the apex court to direct authorities to allocate a few seats specifically for them in both the All India and state quotas.
Background
The plea comes after the NEET-PG exam concluded in August, with results still awaited. Senior Advocate Indira Jaising, representing the petitioners, argued that despite the landmark NALSA v. Union of India judgment, no adequate steps have been taken to provide reservation for transgender candidates. The petition specifically challenges the NEET-PG notification for not including counselling provisions for transperson candidates.
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The petitioners sought interim relief in the form of two seats in the All India Quota and one seat each in Tamil Nadu and Andhra Pradesh state quotas before counselling begins.
Court’s Observations
During today’s hearing, the bench comprising Chief Justice B.R. Gavai and Justice K. Vinodchandran expressed concerns over reserving seats in advance. CJI Gavai noted, “We cannot keep seats everywhere in limbo, you are saying two seats in the All India Quota, 2 in the state quota.” The bench highlighted the need to balance interim relief with maintaining clarity and fairness in the admission process.
ASG Archana Pathak Dave requested the matter be adjourned to next week as SG Tushar Mehta was unavailable. The court agreed and scheduled the hearing higher up on the board for next week.
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Additionally, Jaising informed the court that petitioner Kiran A.R., the first petitioner, wishes to withdraw the petition as they did not appear for the exam. The bench allowed the withdrawal and disposed of the first petition, but confirmed that the case will continue for petitioners 2 and 3.
Decision
The Supreme Court disposed of the first petition of Kiran A.R. as withdrawn but kept the main matter for hearing next week to address the prayer for horizontal reservation for transgender candidates in NEET-PG counselling. No interim order regarding seat allocation was passed today.
Case: Kiran A.R. and Ors. v. Union of India and Ors., W.P.(C) No. 461/2025
Petitioners: Members of the transgender community, including Kiran A.R.
Respondents: Union of India and respective State authorities
