NEET-PG | Transgender Persons Seek Direction To Keep Some Seats Empty For Them Before Counselling; Supreme Court To Hear Next Week

The Supreme Court is scheduled to consider next week the issue of allotting two seats in the transperson category in the All India and one each in the Tamil Nadu and Andhra Pradesh State Quota of NEET-PG Admissions.

The bench of CJI BR Gavai and Justice K Vinodchandran was hearing a plea seeking horizontal reservation for transgender persons in the National Eligibility-cum-Entrance Test-PG 2025. The exam took place in August and the results are awaited.

The Court issued notice in the matter in May after hearing Senior Advocate Indira Jaising (for petitioners), who argued that despite the judgment in NALSA v. Union of India, the Union and the States have not provided reservations to transgender persons. The plea challenges the NEET PG notification to the extent that it did not provide counselling for transperson candidates.

During the hearing today, Jaising urged the Court to pass an 'innocuous order' allotting two seats for the transperson category for the PG Admissions. The petitioners have, as an interim relief, sought directions for reserving two seats in the All India Quota and one seat each in the states of Tamil Nadu and Andhra Pradesh ahead of the commencement of the counselling.

However, the CJI flagged concerns that doing so would lead to uncertainty in the admission process. He said 

"We cannot keep seats everywhere in limbo, you are saying two seats in the All India Quota, 2 in the state quota." 

The petitioners, who themselves belong to the transgender community, pray for a direction that the respondents issue a fresh admission notice providing for compartmentalized horizontal reservation for transgender persons (including them) by reserving 1% seats in each vertical category.

The bench was informed that while the counselling for UG Courses has started, the counselling for the PG Courses is yet to start. 

ASG Archana Pathak Dave, appearing for the Union, requested that the matter be kept for next week as SG Tushar Mehta was not available to attend the hearing today. 

The Court agreed to the same and kept the matter for next week, higher on the board for hearing. 

Jaisingh also informed the bench that petitioner no.1, namely Kiran A.R., wishes to withdraw the petition as the petitioner did not sit for the exam. Considering the same, the Court disposed of the 1st petition as withdrawn. However, the matter will be continued by petitioners 2 and 3.

Case Details : KIRAN A.R AND ORS. Versus UNION OF INDIA AND ORS., W.P.(C) No. 461/2025