We propose to consider transgenders as one of categories in OBCs for the purpose of recruitment: State Govt tells Karnataka HC

The State Government today informed the Karnataka High Court that it has proposed to consider transgenders as one of the categories in "Other Backward Classes" (OBCs) in consultation with the Karnataka State Commission for Backward Classes (Commission) for the purpose of recruitment.

. This was told to a Bench comprising of Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi , while dealing with a plea challenging a State government notification pertaining to Police Constable recruitment on grounds that it did not include a separate category for transgender persons on par with 'men' and 'women' [Sangama V State of Karnataka] .

.Reservation for Transgender persons to be provided in State Police Constable recruitment: State Government informs Karnataka HC. The affidavit filed by the Chief Secretary of the Home Department further informed that the State government could take a decision in the above matter after consulting with the Commission. The Affidavit further averred that the said Commission will have to reconstituted.

. Further, the Court said that this issue will have to be considered in the light of Article 342 A of the Constitution of India.

"What is the effect of 342 A of the Constitution. The legal position will have to be examined", observed the Court .

. The case of Maratha reservation before the Supreme Court also found a mention during the course of the hearing.

"If we recollect properly, the observations of the Supreme Court in Maratha Reservation matter, is the role of State Commission for Backward Classes vis-a-vis the reservation for the Other Backward Classes.... That seems to be the argument before the Supreme Court."

.Breaking: Supreme Court refers Maratha Reservation matter to larger bench, no Maratha quota in jobs and admissions for now. The Bench further clarified that the role of Commission was question to be considered.

"Even if the State Government constitutes Backward Classes Commission, what role it can play in considering a category as a backward class."

. In this regard, the Court granted the petitioner Advocate Tarjani Desai and Advocate General Prabhuling Navadgi additional time to address the Court on this issue.

. The State Government further mentioned that it had to ensure that reservation does not cross 50%.

. The matter will be next heard on October 16.

. [Read the Affidavit here]

We propose to consider transgenders as one of categories in OBCs for the purpose of recruitment: State Govt tells Karnataka HC

Rintu Mariam Biju

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