Transgender docter case in mhc /
IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No. of 2025
Vignesh D
C/o Dhananjayan,
H. No. 25/1, 3rd Cross Street, V. G. Rao Nagar, C Sector,
Dharapadaveedu, PO: Katpadi,
Vellore, Tamil Nadu – 632007. …Petitioner
Vs.
1. The Health and Family Welfare Department 
Represented by the Additional Chief Secretary,
Government of Tamil Nadu,
Secretariat, Chennai, Tamil Nadu – 600 009.
2. The Social Welfare and Women Empowerment Department
Represented by the Secretary,
Government of Tamil Nadu,
Commissionerate of Social Welfare, Lady Willingdon College Campus, Kamarajar Salai, Chennai – 600005.
3. Directorate of Medical Education and Research
Represented by the Director,
Government of Tamil Nadu,
Admin office, 156, Poonamallee high road,
New Bupathy nagar, Chetpet, Chennai, Tamil Nadu – 600 031.
4. The Selection Committee,
Directorate of Medical Education and Research
Represented by its Secretary,
Government of Tamil Nadu,
Admin office, 156, Poonamallee high road,
New Bupathy nagar, Chetpet,
Chennai, Tamil Nadu – 600 031.
5. Tamil Nadu Medical Council
Represented by the President,
No.959 & 960, Poonamallee High Road,
Purasaiwakkam, Chennai,
Tamil Nadu, India – 600 084. …Respondents
AFFIDAVIT OF VIGNESH D
I, Vignesh D, S/o Dhananjayan, aged about 25 years, residing at C/o Dhananjayan, H. No. 25/1, 3rd Cross Street, V.G. Rao Nagar C Sector, Dharapadaveedu, PO: Katpadi, Vellore, Tamil Nadu – 632007, having presently come down to Chennai, do hereby solemnly affirm and sincerely state as follows:
1. I am the Petitioner herein and I am well conversant with the facts and circumstances of this case and as such, I am competent to swear this affidavit.
2. I state that I have passed out of the M.B.B.S. programme from Dhanalakshmi Srinivasan Medical College, Perambalur, Chennai.
3. I am also a transgender medical graduate and an eligible candidate for Tamil Nadu NEET PG 2025 counselling, having secured 282 marks in NEET PG 2025, which is above the 50th percentile and satisfies the eligibility criteria for counselling. My application number is 25PG105809 on the Selection Committee portal.
4. I state that my college had not released my educational documents due to an arbitrary fee demand. Despite multiple representations to the college, university and other public authorities, I did not receive any response.
Consequently, my provisional medical council registration expired and I was unable to apply for a permanent medical council registration. I have given my NEET-PG 2025 and scored 50% percentile. Hence, I was left with no option but to file writ petitions before the Hon’ble Madras High Court.
5. On 08.09.2025, this Hon’ble Court had passed a common order in W.P. Nos. 26062, 26065, 26068, 26071 and 26074 of 2025. The Common order recorded the submission of the college’s counsel and directed the Petitioner to approach the college within one week. It also directed the college to release the documents forthwith. Pursuant to the common order being uploaded on 11.09.2025, I approached my college for release of my final educational documents on 12.09.2025 and received them on the evening of the same day.
6. Subsequently, I tried to apply for the Tamil Nadu’s counselling for postgraduate medical seats conducted by the Selection Committee of the Directorate of Education, Government of Tamil Nadu. The last date for the same is on 16.09.2025 by 5 pm.
7. However, the application portal did not allow me to proceed without a permanent medical council registration number. Therefore, I sent a representation to the Tamil Nadu medical council on 14.09.2025 requesting the following:
a. Approve my online application on priority
b. Grant me the earliest possible verification slot – preferably on Monday (15.09.2025) evening or the first slot on Tuesday (16.09.2025) morning, and
c. Issue my Permanent Registration Number &Certificate and other documents immediately after successful verification, either physically or electronically, to enable me to complete my counselling application before the deadline.
8. Further, I also sent a representation to the 4th Respondent requesting the following:
a. The Selection Committee may kindly extend the last date for submission of application by 2–3 days, or
b. Permit me to submit my counselling application by uploading the Provisional Registration Certificate issued by Tamil Nadu Medical Council and allow me to furnish the final Permanent Registration Number before the seat allotment process begins.
9. I also sent a representation to the 1st Respondent seeking their urgent intervention in the matter.
10. I submit that I am a Bonafide student and a transgender person and that I am one of the few transgender persons to pursue medical education in Tamil
Nadu. I submit that if I lose this opportunity to apply for the PG medical seat
in Tamil Nadu state counselling (government quota), I will lose the opportunity to get a job in Tamil Nadu, despite taking all Bonafide steps.
11. I submit that I be not made to suffer for the mistakes of my college’s administration.
12. Therefore, left with no other alternative and equally efficacious remedy to seek relief, I have approached this Hon’ble Court through the present Writ
Petition, seeking appropriate reliefs on the following grounds.
GROUNDS
A. That this Hon’ble Supreme Court in its judgment dated 15.04.2015 in National Legal Services Authority of India v Union of India (2014 (5) SCC 438) (hereinafter the ‘NALSA judgment’) recognized the
fundamental rights of transgender persons under the Constitution of India, including the right to self-determination of gender identity.
B. That in NALSA (Supra) this Court, while concluding that transgender persons are vulnerable and marginalised, and acknowledging the systemic discrimination that they faced, passed directions to safeguard and enforce their rights properly under the Constitution of India. Paragraph 135.5 of the judgement reads as follows:
“The Centre and State Governments should seriously address the problems being faced by hijras/transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one’s gender is immoral and illegal”.
C. That after the said judgment, the legislature has not removed the basis of the judgement, namely that the concept of gender is not binary and the persons have a right to self-determination of gender identity along with the right not to be discriminated against.
D. That the Transgender Persons (Protection of Rights) Act, 2019 was enacted and the Transgender Persons (Protection of Rights) Rules, 2020 were notified subsequently.
E. That the Petitioner losing an opportunity to apply would defeat the purposes of the Act and the Rules. That the Petitioner’s Bonafide is not in question.
13. The Petitioner craves leave to take up additional grounds during the hearing of the present writ petition.
14. The Petitioner has no other effective alternative remedy, except to approach this Hon’ble Court under Article 226 of the Constitution of India for the redressal of its grievances.
15. The Petitioner reserves his right to file a better or additional affidavit, if any, if the circumstances so warrant.
16. The material papers filed herein may be read as part and parcel of this
affidavit.
INTERIM PRAYER
For the reasons stated hereinabove, it is humbly prayed that this Hon’ble Court may be pleased to direct the Respondents No. 3 and 4 to take action on the
Petitioner’s representation dated 14.09.2025 and consequently allow the
Petitioner to apply using her application number 25PG105809 on the Post Graduate Medical (Government Quota) Course Session 2025-2026 portal of the 4th Respondent without the permanent medical council registration number and pass any such order (s) as this Hon’ble Court deems fit and proper in the circumstances of the case pending disposal of the present Writ Petition and thus render justice.
PRAYER
For the reasons stated hereinabove, it is humbly prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Direction or Order, particularly in the nature of a Writ of MANDAMUS, directing the 5th Respondent to take action on the Petitioner’s representation dated 14.09.2025 regarding application number 20250913-7342 and consequently direct the 5th Respondent to issue a slot for verification of documents of the Petitioner and issue the permanent registration number and certificate by 16.09.2025 and pass any such order (s) as this Hon’ble Court deems fit and proper in the circumstances of the case and thus render
justice.
Solemnly affirmed at Chennai BEFORE ME
On this 15th day of September 2025
And signed his name in my presence after
fully understanding the contents of this
affidavit ADVOCATE
