HC seeks Centre, Delhi govt's reply on prejudice against the transgender in education, employment

The Delhi High Court has sought responses from the Centre and the Delhi government on a plea that has raised concerns about the exclusion of transgender individuals from various educational and public employment opportunities.

Justice Purushaindra Kumar Kaurav issued a notice—which calls for a response by 28 March 2024—to several government bodies, including the Union ministries of home affairs and of law and justice, the Indian Council of Medical Research (ICMR), the All India Institute of Medical Sciences (AIIMS), the government of Delhi and the national capital's department of social welfare.

The notice comes in response to a plea, filed by a trans woman, that highlights the discriminatory treatment faced by transgender individuals in public employment and educational institutions.

The petition draws specific attention to recruitment notifications issued by the ICMR, which, according to the petitioner, only advertised vacancies for either female or male candidates, effectively excluding many transgender or 'third gender'/intersex persons.

The please emphasises the importance of introducing horizontal reservations and relaxations for the transgender community in employment and admission opportunities.

Among its requests, the petition urges the court to ensure that reservation is extended to all transgender persons in public appointments in Delhi.

It also calls for the Central and Delhi governments to formulate a recruitment policy for transgender persons and grant qualifications- and age-based relaxations in such posts.

The petitioner—who had previously achieved high rankings in entrance exams for a postgraduate course at AIIMS, Delhi, but narrowly missed securing a seat—has urged the court to reconsider her application in light of the Supreme Court's judgement with respect to the National Legal Services Authority.

The plea contends that the discriminatory practices of various institutions, including the ICMR, the AIIMS and the Delhi department of welfare, have left the petitioner unemployed despite her qualifications.

Additionally, the petitioner accuses the Delhi government of failing to implement reformative and affirmative measures for the welfare of transgender persons in education and public employment, in violation of the Transgender Persons (Protection of Rights) Act, 2019, and the Transgender Persons (Protection of Rights) Rules, 2020.