Delhi High Court seeks government response in plea for reservation for transgender persons in jobs, education

The Delhi High Court on Thursday sought responses from the Central and Delhi governments on a plea raising concern that transgender persons are facing blanket exclusions when it comes to various educational and public employment opportunities in the capital..Justice Purushaindra Kumar Kaurav issued notice returnable by March 28, 2024 to the Union Ministries of Home Affairs and Law & Justice, Indian Council of Medical Research (ICMR), All India Institute Of Medical Sciences (AIIMS), the Government of Delhi and Delhi's Department of Social Welfare..The plea was filed by a transwoman who pointed out the discriminatory treatment faced by transgender individuals in public employment and educational institutions.The petition also underscored the importance of introducing horizontal reservations (which include reservations based on gender) and relaxations for the transgender community in various employment and admission opportunities..Among other prayers, the petition urged for directions so that reservation is extended to all transgender persons when it comes to public appointments in Delhi.Further, the Court has been urged to direct the Central government as well as the Delhi government to frame a policy for the recruitment of transgender persons. It is also prayed that qualification and age-based relaxations be given to transgender persons in such posts..Particular reference was made to recruitment notifications issued by ICMR, which the petitioner said only advertised vacancies for either female or male candidates, thereby effectively excluding transgender persons.The petitioner added that this is a larger problem that is not confined to ICMR, but various public employment and educational opportunities in Delhi."Since the admission forms of various colleges (including the admission process of Respondent No. 4 [ICMR] and like institutions) only provides for binary of Male or Female; the Transgender students who apply for colleges are left with no remedy but end up either not applying or applying under the wrong gender as previously associated by their dead name i.e., under the category of either binary of Male or Female," the plea said..The petitioner also disclosed that she had earlier got high rankings in entrance exams for pursuing a postgraduate course at the AIIMS, Delhi, but missed securing a seat by a few ranks.She added that she wrote to AIIMS urging it to reserve a few seats for transgender candidates in line with the Supreme Court's NALSA judgment, to no avail. She has now urged the Court to direct that her application to join the AIIMS course be reconsidered."Despite being qualified, the Petitioner finds herself unemployed, owing to the discriminatory practice of the Respondent Nos. 3 to 6 (ICMR, AIIMS, Delhi Department of Welfare) for their failure to issue Separate Vacancies for Transgender Persons vide Horizontal Reservation, and such an act of discrimination is unlawful, arbitrary, and impermissible under law.".The petitioner added that the Delhi government has failed to carry out reformative and affirmative action for the welfare of transgender persons when it comes to education and public employment, thereby violating the mandate of the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020..In this context, the petitioner has now sought reformative measures, including for ICMR and AIIMS to notify separate vacancies for transgender persons.The petitioner has also urged the authorities to set up transgender protection cells at state and district levels..The petition was drawn and filed by Advocate Diksha Dadu.Advocates Diksha Dadu, Arundhati Katju and Srishti Borthakur represented the petitioner.Advocates Kirtiman Singh, Waize Ali Noor and Shreya V Mehra appeared for the Central government and ICMR.Advocates Santosh Kumar Tripathi, Aman Panwar and Pradyumn Rao appeared for the Delhi government..[Read Order]