The Delhi High Court on Monday criticised the Delhi Government for failing to implement reservation in public employment for transgender persons, as directed by the Supreme Court in its 2014 NALSA judgment, and decided to take up the issue as a public interest litigation (PIL).
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed the Delhi government to take an appropriate policy decision within 10 days to provide benefits to transgender candidates in line with its 2021 notification, which promised age and qualification relaxations but has not been implemented.
The court was hearing a petition filed by a transgender person seeking reservation in recruitment to the post of court attendant at the Delhi High Court. While the plea focused on a specific advertisement, the bench noted that the issue raised larger concerns about the welfare of the transgender community and compliance with binding directions of the Supreme Court.
The bench expanded the scope of the writ petition and treated it as a PIL, observing:
“The government has to take policy decisions and comply with the Supreme Court’s directions and provide reservations. We are enlarging the scope of the writ petition to a PIL. Having regard to the nature of issues raised in this petition, which primarily concerns the welfare of transgender persons, we treat this petition as a PIL.”
It further directed that the Union of India through the Ministry of Social Justice and Empowerment and the Government of Delhi through the Principal Department of Social Welfare be impleaded as parties.
The bench pointed out that despite the NALSA judgment categorically directing the government to treat transgender persons as a socially and educationally backward class for public employment, no policy decision had been framed to grant them reservation:
“However, no such policy decision appears to be in sight till date as far as public employment is concerned.”
The court was informed that in 2021, the Delhi Government issued a notification granting five years’ relaxation in age and five percent relaxation in qualifying marks for transgender persons in public employment. However, the relaxations have not been implemented, and no reservations have been provided as directed by the Supreme Court.
“The judgment 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 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 have not been made,” the bench said.
The court held that to ensure inclusion and full participation of transgender persons, policy action was necessary:
“We are of prima facie opinion that for inclusion and for full and effective participation, the government ought to have taken some policy decision for providing reservation as already mandated in the NALSA judgment.”
It noted that many transgender candidates were unable to apply due to the non-implementation of age and marks relaxation. Accordingly, the bench directed the Delhi Government to take an appropriate decision in consultation with the High Court within 10 days and to extend the last date for applications by one month if the relaxations are implemented. It also directed that such information should be widely publicised.
