Madras High Court Directs MGR Medical University To Constitute Committee Under Transgender Persons (Protection Of Rights) Rules
The Madras High Court has directed the Tamil Nadu Dr MGR Medical University to constitute a university-level committee as per Rule 10(8) of the Transgender Persons (Protection of Rights) Rules 2020. As per this rule, all educational institutions shall have a committee which shall be accessible for transgender persons in case of any harassment or discrimination, with powers to ensure...
The Madras High Court has directed the Tamil Nadu Dr MGR Medical University to constitute a university-level committee as per Rule 10(8) of the Transgender Persons (Protection of Rights) Rules 2020. As per this rule, all educational institutions shall have a committee which shall be accessible for transgender persons in case of any harassment or discrimination, with powers to ensure that transgender students do not affected by the presence of the persons bullying them, including teachers.
Justice GK Ilanthiraiyan issued the direction in a transgender student's plea claiming that the medical college where they were pursuing their medical degree had withheld their original documents and made an arbitrary fee demand.
“Insofar as the direction sought for to the respondents 6 and 9 to constitute a committee accessible for transgender persons at the university level as per Rule 10(8) of the Transgender Persons (Protection of Rights) Rules, 2020 issued by the Government of India, is concerned, the 6th respondent is directed to constitute a committee at the university level as per Rule 10(8) of the Transgender Persons (Protection of Rights) Rules, 2020 issued by the Government of India, within a period of twelve (12) weeks from the date of receipt of a copy of this order,” the court said.
The petition was filed by Vignesh D, alias Gargi, seeking directions to the authorities to take action against Dhanalakshmi Srinivasan Medical College and Hospital and ensure that the original school educational documents are returned to the petitioner. The plea also called for ensuring that the internship log book of the petitioner is accepted and to ensure that the final certificate of compulsory rotating medical internship, attempt certificate, transfer certificate, and course cum conduct certificate are issued to the petitioner. The petitioner had also sought for directions to the Tamil Nadu Dr. MGR Medical University to constitute a committee accessible for transgender persons at the University level as per Rule 10(8) of the Transgender Persons (Protection of Rights) rules 2020.
When the pleas were taken up, Dhanalakshmi College informed the court that they would waive any fee arrears and were ready to return all the original certificates of the petitioner.
The court noted that the educational documents are valuable property of every student and the college should not have withheld the documents of the petitioner. The court also remarked that the non-availability of the certificates would have serious consequences in the students' career.
“All these documents are very much concerned to the student's career and all are most valuable properties. Non-availability of such certificates or delay in producing the same may result in serious consequences in respect of students' career. Further, the certificates of the students cannot be withhold for the issue of fees as the educational institutions can claim no lien over the certificates,” the court said.
Considering the college's submission, the court directed the petitioner to approach the college for return of all original educational certificates and other documents within a period of one week from the date of receipt of the order. On such request, the college was directed to return all the documents by waiving off the fees.
Counsel for Petitioner: Mr. Rajagopalan R @ Kanmani R
Counsel for Respondents: Mr. K. Tippu Sulthan Government Advocate, Mr. B. Rabu Manohar Senior Central Government Standing Counsel, Mrs. V. Sudha Central Government Standing Counsel, Mr. A. Mohamed Goush Standing Counsel, Mrs. C. Latha Rani Standing Counsel, Mr. U. Baranidharan Standing Counsel, Mr. Abishek Jeenasenan
Case Title: Vignesh D v. The Health and Family Welfare Department and Others
Citation: 2025 LiveLaw (Mad) 305
Case No: W.P Nos. 26062, 26065, 26068, 26071 and 26074 of 2025