Delhi High Court Raps Authorities For Not Providing Reservation To Transgender Persons In Public Employment

The Delhi High Court has directed the authorities to take appropriate decision for providing relaxation of 5 years age and qualifying marks to the extent of 5% to transgender persons in public employment concerning recruitment to various posts in the Court establishment.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that despite the 2014 judgment of Supreme Court in the NALSA case, no adequate steps were taken by the authorities to ensure welfare of transgender persons, including making a provision for providing reservation in public employment.

“The Parliament, though has enacted the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as “the Act”) and has also framed Rules thereunder, however, it appears that the welfare measures, which may be made pursuant to the statutory obligations cast on the Governments under the said Act, have also not been made,” the Court said.

The Bench was dealing with a plea filed by one Praveen Singh, instant petition is in relation to Advertisement concerning an advertisement issued for recruitment to the various posts in the Establishment of Delhi High Court.

It was Singh's case that a notification was issued by the Delhi Government on February 08, 2021, providing for relaxation of 5 years in age and also relaxation of qualifying marks to the extent of 5% to the transgender persons in public employment.

It was submitted that while issuing the impugned notification for recruitment, no reservation was provided for transgender persons as directed by Supreme Court and that even the age relaxation and relaxation in qualifying marks in terms of the notification was also not provided.

The Court issued notice in the plea and impleded the Union of India through Ministry of Social Justice and Empowerment Delhi Government through Department of Social Welfare as respondents.

It also directed that the National Council for Transgender Persons be impleaded as party respondent through its Member Secretary.

The Bench said that prima facie, for inclusion of the transgender persons in the society and also to secure their full and effective participation, the Governments ought to have taken some policy decision by now for providing reservation to such persons in public employment.

The Court was informed that the last date for making application pursuant to the impugned advertisement was September 24, but there may be many transgender persons who could not apply on account of the fact that the age relaxation and relaxation in qualifying marks were not made available to them.

Accordingly, the Court directed:

“….we also direct that within ten days from today, appropriate decision in consultation with Delhi High Court shall be taken for providing the benefit to transgender persons in terms of the notification dated 08.02.2021 and, thereafter, if such relaxations are made available, the last date for submitting the application form shall be extended by a month. Such information shall also be widely publicized by the DSSSB.”

The mater will now be heard on November 19.

Counsel for Petitioner: Mr. Naman Jain, Advocate alongwith petitioner

Counsel for Respondents: Ms. Radhika Bishwajit Dubey, Standing Counsel with Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay, Ms. Arajita Verma and Mr. Vivek Sharma, Advocates for R-1; Ms. Avnish Ahlawat, Standing Counsel (Services) with Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for R-2; Mr. Ashish Dixit, CGSC with Mr. Umar Hashmi, Mr. Mayank Upadhyay and Ms. Iqra Sheikh, Advocates for UOI and National Council for Transgender

Title: PRAVEEN SINGH v. HIGH COURT OF DELHI AND ANR

Click here to read order