The Delhi High Court has questioned the Central and Delhi governments over their failure to formulate a policy for providing reservations to transgender persons in public employment.
This, the Delhi High Court stated, goes against the 2014 Supreme Court order. During the National Legal Services Authority (NALSA) vs. Union of India & Ors case, the Supreme Court had directed the Central and State governments to take steps to provide all forms of reservations in educational admissions and public appointments to transgender persons.
The issue arose while the High Court was hearing a petition filed by Praveen Singh, a queer individual. In the petition, Singh challenged the Delhi Subordinate Services Selection Board’s (DSSSB) August 14 recruitment notification, which allegedly did not include the relaxation criteria for transgender persons.
The High Court bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, expanded the scope of the petition into a public interest litigation (PIL) and sought a response from the Ministry of Social Justice and Empowerment and the 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.
Additionally, the High Court bench issues a 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,” the order stated. The bench also pointed out how, even though a law has been established, the needed welfare measures 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 said.
Naman Jain, who is representing Praveen Singh for the petition, also submitted that though the Delhi government had issued a notification in 2021 granting a five-year age relaxation and a 5% relaxation in qualifying marks for transgender persons in public employment, these benefits were not reflected in the current recruitment notification.
The counsel representing the DSSSB and the high court acknowledged that, though transgender individuals were eligible to apply for the posts, the notification did not include the provisions for age and qualifying marks relaxation.
Now, the Delhi High Court has directed the Delhi government to take an appropriate decision in consultation with the high court for providing the benefits as per the 2021 notification.
“There have been many transgender persons who could not apply as the age and marks relaxation was not made available. We thus direct the Delhi government to take appropriate decisions in consultation with the high court for providing benefits to transgender individuals as per the notification, within 10 days. If such relaxations are made available, the last date for applying shall be extended by a month. Such information shall be widely published,” the order mentioned.
The Delhi High Court bench also noted that the Central Government was not a party to the case being heard. Therefore, it requested that Central Government Standing Counsel (CGSC) Ashish Dixit assist in the case. Dixit also accepted notice on behalf of the Central government and the National Council for Transgender Persons.
The matter will be next heard in November 2025.
