Governments must implement policies providing reservation in public employment for transgender persons as mandated by law and prior judicial directives.

ORDER  

06.10.2025

1. Having regard to the nature of issues raised in this petition which primarily concern with the welfare of Transgender persons, we treat this petition as a Public Interest Litigation Petition.

2. The office is directed, accordingly, to register the petition as a PIL.

3. Since the issues which may require adjudication in this Public Interest Litigation Petition are of wider import, we direct that following be added as party W.P.(C) 14880/2025 Page 1 of 5 respondents:-

(i) Union of India through Secretary, Ministry of Social Justice and Empowerment; and

(ii) Government of Delhi through Principal, Department of Social Welfare.

4. Issue notice.

5. Ms. Avnish Ahlawat puts in appearance and accepts notice on behalf of GNCTD and Delhi Subordinate Services Selection Board (DSSSB).

6. Though, the instant petition is in relation to Advertisement No. 03/2025 issued by the respondent no.2 for recruitment to the various posts in the Establishment of Delhi High Court, however a concern has been expressed that pursuant to the Judgment of the Hon’ble Supreme Court in National Legal Services Authority vs. UOI & Ors.: 2014 (5) SCC 438, the requisite steps have not been taken by the respective Governments inasmuch as the Hon’ble Supreme Court in the said judgment had issued a direction to the Central and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of not only in admissions to educational institutions but also for public appointments as well. However, no such policy decision appears to be in sight till date as far as at least reservation in public employment is concerned.

7. Our attention has been drawn to a notification dated 08.02.2021 issued by the Department of Social Welfare, GNCTD which provides for relaxation of 5 years in age and also relaxation of qualifying marks to the extent of 5% to the transgender persons in public employment. It has been stated on behalf of the petitioner that while issuing the impugned notification for recruitment it is not only that no reservation is provided as directed by Hon’ble Supreme Court to transgender persons but also that even the age relaxation and relaxation in qualifying marks in terms of the notification dated 08.02.2021 issued by the Department of Social Welfare, GNCTD has also not been provided.

8. The judgment of Hon’ble Supreme Court in NALSA (supra) was rendered in the year 2014 and till date, it appears that adequate steps which ought to have been taken for ensuring welfare of transgender persons, including making a provision for providing reservation in public employment, have not been taken. The Parliament, though has enacted the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as “the Act”) and has also framed Rules thereunder, however, it appears that the welfare measures, which may be made pursuant to the statutory obligations cast on the Governments under the said Act, have also not been made.

9. The Act, inter alia, makes it incumbent upon the appropriate Government to take steps to secure full and effective participation of transgender persons and their inclusion in the society. The Act also casts various other obligations on establishments and other persons, including those related to education, social security and health of transgender persons.

10. Section 8 of the said Act in no uncertain terms mandates that, “the appropriate Government shall take steps to secure full and effective participation of transgender persons and their inclusion in the society”, and “it shall take such welfare measures as m