Case Title: Kiran A.R & Others v. Union of India & Others
*Writ Petition (Civil) No. 461 of 2025
Bench: Justice B.R. Gavai and Justice K.V. Viswanathan
Date of Order: May 2025
Summary:
The Supreme Court of India has issued notice to the Union Government in a writ petition seeking horizontal reservation for transgender persons in the National Eligibility-cum-Entrance Test for Postgraduate Medical Courses (NEET-PG) 2025–26.
A bench comprising Justices B.R. Gavai and K.V. Viswanathan passed the order after hearing Senior Advocate Indira Jaising, who appeared on behalf of the petitioners—transgender individuals aspiring to pursue postgraduate medical education.
Petitioners’ Arguments:
The plea, filed through Advocate-on-Record Paras Nath Singh, challenges:
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The NEET-PG 2025 notification dated April 16, 2025, and
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The information bulletin dated April 17, 2025, issued by the National Board of Examinations in Medical Sciences (NBEMS).
The petitioners argue that the absence of horizontal reservation for transgender candidates in these documents violates their fundamental rights under Articles 14, 15, and 19(1)(a) of the Constitution. Additionally, they contend that this omission is in contravention of the binding directions issued by the Supreme Court in the landmark judgment of NALSA v. Union of India (2014).
In NALSA, the Supreme Court had categorically held:
“We direct the Centre and the State Governments to take steps to treat [transgender persons] as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.”
The petitioners also invoke Article 144 of the Constitution, which mandates all civil and judicial authorities to act in aid of the Supreme Court. By failing to implement the NALSA directives, the petition alleges, the authorities have committed a breach of constitutional duty.
Relief Sought:
The petitioners, who identify as transgender and have either completed or are pursuing MBBS degrees, seek the following directions from the Court:
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That a fresh admission notice be issued for NEET-PG 2025–26,
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Providing for 1% horizontal reservation for transgender persons across all vertical categories (such as SC, ST, OBC, EWS, and General).
They argue that the lack of specific reservations deprives them of equal opportunity, despite having overcome substantial systemic and social barriers. The petition emphasizes that inclusion through reservation is essential for ensuring fair representation and dignity in postgraduate medical education.
“In the absence of horizontal reservations, the Petitioners…would be deprived of equal opportunity with no specific reservation being extended to them to ensure representation of transgender persons in postgraduate medical education,” the petition states.
Next Hearing:
The matter is expected to be listed in due course for further hearing, while the NEET-PG 2025 examination is scheduled for June 15, 2025.
