1% Reservation For Transgenders In State-Owned Enterprises: Karnataka High Court Gives State Govt. 'Last Chance' To Issue Directions

A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum said "Four weeks time by way of last indulgence is granted to the state government to issue advisory as directed by an earlier order of this court."

In its order dated August 18, the court had said "The State government has taken the innovative step of providing 1 percent horizontal reservation to transgenders in employment as provided in Karnataka Civil Services (general recruitment) rules 2021. Considering the policy of the state as reflected from the said amended rules, the state government may consider issuing directions/advisory to all state-owned corporations and statutory authorities established under the state enactments to provide for similar reservations."

Earlier, the government had issued a notification whereby it decided to provide 1 per cent (horizontal) reservation to Transgender candidates in government jobs to be filled through the direct recruitment process. The reservation is applicable to transgender candidates in each category of General merit, SC,ST and in each of the OBC categories.

The government had made amendments to the Karnataka Civil Services (General Recruitment) (Amendment) Rules, 2021. Through the amendment, Rule 9, sub rule (1) (d) has been incorporated to provide for 1 per cent Horizontal reservation to the transgender community.

Following this, an application was filed by the intervenors seeking directions to other public authorities for providing reservations for transgenders. Senior Advocate Jayna Kothari for the intervenors submitted that the state should consider issuing directions to the corporations for providing reservations.

The court is hearing a petition filed by Sangama, a society working for the upliftment of sexual minorities, sex workers and people infected with HIV. The petitioner had relied on the judgment of the apex court in the case of NALSA Vs Union of India, to argue that the state in its appointment notification calls for filling up of the vacancies, specifies only 'Men' and 'Women', in total disregard of the 'Third Gender'.

The Petitioner had therefore sought directions to the state government to include a separate category for transgender persons for the post of Special Reserve Constable Force as well as Bandsmen, and consider all the applications by the transgender at par with other two gender categories. It had also sought a scheme of reservation for the transgender community in the recruitment to post of Special Reserve Constable Force as well as Bandsmen.

The matter will be next heard on November 17.

Case Title: Sangama v. State of Karnataka

Case No: WP 8511/2020