Delhi High Court Issues Notice On Plea Seeking Reservation For Transgender Persons In All Public Appointments In Delhi

The Delhi High Court last week issued a notice to the Delhi Government and sought its reply on a plea seeking, inter alia, reservations for transgender persons in all public appointments in the NCT of Delhi.

The Bench of Justice V. Kameswar Rao issued a notice to the Delhi Government and directed it to file a counter affidavit within four weeks.

The plea moved by Jane Kaushik, a transgender person, through advocates Amritananda Chakravorty, with Advocates Mihir Samson, Shreya Munoth Asawari Sodhi, also seeks framing of a policy for the recruitment of transgender persons in all appointments for the Government of NCT of Delhi.

The petitioner has applied for the DSSSB's [Delhi Subordinate Service Selection Board] TET and the plea has made the following prayers:

• Implementation of the provisions of the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020 in the territory of NCT of Delhi;
• Notification of separate vacancies for transgender persons in all advertisements issued for recruitment to teaching positions in schools administered by Delhi Government with immediate effect;
• A direction to adopt necessary relaxations in minimum qualifications and age for the vacancies to be issued for transgender persons;
• Relaxations to transgender persons in accordance with Clause 9 of the TET Guidelines issued by NCTE;
• A direction to consider the Petitioner's application for any vacancy to a teaching position notified or due to be notified as a one-time measure;
• To permit the Petitioner to amend her registration details, to reflect her legal gender and name on the OARS.

Significantly, the counsel for the petitioner also submitted that the petitioner be permitted to change the name and gender in the OARS [Online Academic Registration System], a portal managed by the DSSB.

In view of this, the Court said that the petitioner shall be at liberty to make a request to the DSSB, which would consider the request of the petitioner and act accordingly.

Case title - Jane Kaushik vs Lieutenant Governor, Nct Of Delhi and others

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