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2022 Supreme(Raj) 119

MANINDRA MOHAN SHRIVASTAVA, MADAN GOPAL VYAS
Ganga Kumari D/o Bhika Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocate Appeared:
For the Appellant :Rituraj Singh Rathore, Advocates.
For the Respondents:Manish Vyas, AAG and D.D. Chitlangi, Advocates.

JUDGMENT :

1. Heard.

2. This petition has been filed by the petitioner seeking issuance of directions in the matter of providing proper and effective reservation to the transgenders in terms of the mandate of the Supreme Court in the case of National Legal Services Authority v. Union of India & Ors. [(2014) 5 SCC 438].

3. Learned counsel for the petitioner would argue that the Supreme Court in the case of National Legal Services Authority (supra) had examined the rights of the transgenders in the matter of appointment to public services, as also admission to educational institutions. According to him, despite there being detailed directions issued by the Supreme Court, the State, so far, has not implemented those directions.

4. On the other hand, learned counsel for the State would submit that as far as prescription relating to reservation is concerned, it is a matter of prerogative of the State as to the manner and the extent to which reservations have to be provided. According to the respondent-State, the petitioner cannot seek that the reservations in a particular manner or to the extent should be provided to her.

5. Having heard learned counsel for the parties, we are of the view th

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