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The State and central governments have been informed by Telangana HC to set up a transgender quota in the NEET PG 2023 admission.

New Delhi: On June 20, 2023, the Telangana high court ruled that the state and central governments should introduce a transgender quota in the forthcoming NEET-2023 post-graduate (PG) admissions. They were also instructed to assist the third gender in combating the prevailing prejudices against them, in accordance with the Supreme Court's judgement in the National Legal Services Authority case.
During the hearing of a petition filed by Dr. Koyyala Ruth John Paul, who sought admission to a PG program under the transgender quota, a bench comprising Chief Justice Ujjal Bhuyan and Justice N Tukaramji directed the authorities to devise a framework that would benefit the candidate.
The bench further informed the petitioner to report back to the court on July 20, 2023, if necessary. They stated that the petitioner could use either the state or central quota seats, depending on which option is more beneficial for them.
During the hearing, the bench took note of the absence of any regulations formulated by the state and central authorities to implement the Supreme Court's judgement. Despite the court's directive to recognize them as the third gender, officials were still categorizing a particular individual as female in this year's counselling. The bench regarded this as a biassed practice and called for a more inclusive and sensible approach towards transgender individuals.
The bench received testimony from Gorantla Pujitha, the counsel representing the National Medical Commission (NMC). Pujitha conveyed instructions from the highest medical education authority in India.
According to her, the counselling for NEET PG medical admissions 2023 is scheduled to commence on July 15. The existing regulations for PG medical admissions do not include any provisions for gender-based reservations. However, the authorities in Telangana have created a separate category for transgender individuals under the OBC category. However, the state counsel said that specific rules pertaining to this category have not yet been framed.
Expressing concern over the petitioner, who had already faced a missed opportunity in 2022 despite possessing a Supreme Court order, the bench highlighted the potential for further missed opportunities in 2023 due to the ambiguity surrounding the implementation.
Following that, the bench instructed both the state and central authorities to implement the policy in a manner that would help the petitioner. Furthermore, the bench directed the medical counseling commission, led by the state medical education director, to implement the court's decision.
The counsel representing the petitioner, Koneru Sagarika, appealed to the court to deem the 2000 regulations for PG medical admissions, set by the former Medical Council of India, as unconstitutional. This plea was made due to the fact that the authorities continued to adhere to these regulations despite the Supreme Court's judgement.
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