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2023 Supreme(Del) 235

PRATHIBA M. SINGH
Jane Kaushik – Appellant
Versus
Lieutenant Governor, NCT Of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amritnanda Chakravorty, Mr. Mihir Samson & Ms. Asawari, Sodhi, Advs.
For the Respondent:Mrs. Avnish Ahlawat with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik & Ms. Aliza Alam, Ms. Varsha Sharma, Advocate for Mr. Jawahar Raja, ASC, GNCTD.

JUDGMENT :

[Prathiba M. Singh, J.]

1. This hearing has been done through hybrid mode.

2. The Petitioner – Jane Kaushik is a 28 year old Indian citizen, and is a transgender person residing in Delhi. She is a highly qualified individual, holding degrees in B.A. (General), Masters in Arts (M.A.) (Political Science), Bachelor of Education (B.Ed.), as well as a two-year diploma in Nursery Teacher Training (‘NTT’), which is also called Early Childhood Care and education (‘ECCE’). Since 2019, the Petitioner has been looking for employment in government schools in Delhi.

3. The present petition raises an important issue in respect of recognition of transgender persons and their rights for employment and recruitments in state departments, schools etc., under the GNCTD. The Petitioner has filed this petition seeking the following prayers:

    a. Issue an appropriate writ, order or direction to Respondent Nos.1, 2 and 4 to notify separate vacancies for transgender persons in all advertisements issued for recruitment to teaching positions in schools administered by Respondent No. 2 with immediate effect;

b. Issue an appropriate writ, order or direction to Respondent Nos. 1, 2 and 4 to adopt necess

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