Delhi High Court questions Centre, Delhi governments over delay in transgender reservation in jobs

The Delhi High Court on Monday expressed disappointment over the Union and Delhi governments' failure to formulate a policy for providing reservation to transgender persons in public employment despite a 2014 Supreme Court order.

The Supreme Court had in 2014 in National Legal Services Authority (NALSA) vs. Union of India & Ors directed the Central and State governments to take steps to treat transgender people as socially and educationally backward classes of citizens and extend to them all kinds of reservation in educational institution-admissions and public appointments.

Today, the High Court took note of the issue when it was hearing a writ petition filed by a transgender person for reservation in recruitment to the post of a court attendant at the High Court.

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said the government has to take a policy decision in accordance with the Supreme Court ruling.

It then proceeded to expand the scope of the candidate's writ petition into a public interest litigation (PIL) and sought a response from the Ministry of Social Justice and Empowerment and Delhi government's Social Welfare department.

"We are of prima facie opinion that for inclusion of transgender in the society and for full and effective participation, the government ought to have taken some policy decision for providing reservation by now as already mandated in the NALSA judgment. However, no such policy decision appears to be in sight till date, as far as public employment is concerned. There have been many transgender persons who could not apply as the age and marks relaxation was not made available," the Court stated.

The Court also issued notice to the National Council for Transgender Persons.

"The judgment in NALSA was rendered in 2014 and till date it appears that adequate steps that ought to have happened for ensuring reservation in public employment have not happened," it noted.

It also noted that though a law has been enacted for transgender people, welfare measures envisaged for them have not been implemented.

"The parliament has enacted a law on protection of rights and has also framed rules. However, it appears that the welfare measures which may be made pursuant to statutory obligations on government have not been made," the Court stated.

The case before the Court pertains to a recruitment notification issued by the Delhi Subordinate Services Selection Board (DSSB) for the positions of court attendant and room attendant in the Delhi High Court. A candidate challenged the advertisement for not providing any reservation for transgender persons as mandated by the NALSA judgment.

During the hearing today, the Court was informed that the Delhi government had issued a notification in 2021 granting a five-year age relaxation and also relaxation in qualifying marks for transgender persons in public employment. However, it was also submitted that the same has not been complied with in the job advertisement.

The Court then directed the Delhi government to take an appropriate decision within 10 days in consultation with the High Court regarding reservation to transgender persons under the DSSB advertisement.

The Court clarified that if age relaxations for enabling transgender persons to apply are made available, then the last date for submitting the application shall be extended by a month.

Further, the Bench noted that the Central government was not a party to the case. Therefore, it asked Central Government Standing Counsel (CGSC) Ashish Dixit to assist in the case. He also accepted notice on behalf of the Central government and the National Council for Transgender Persons.

Advocate Naman Jain was representing the petitioners.

The case will be heard next on November 19.

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