Provide Reservations To Transgenders In Public Employment Within 6 Months: Andhra Pradesh High Court To State Govt
The Petition before the Andhra Pradesh High Court was filed by a transgender woman who was not considered for the post of School Assistant.
Justice Nyapathy Vijay, Andhra Pradesh High Court
Highlighting the dire need to mainstream transgender persons and the adoption of an inclusive approach, the Andhra Pradesh High Court has asked the State Government to provide reservations to transgenders in public employment within six months.
The Petition before the High Court was filed by a transgender woman who was not considered for the post of School Assistant (Language).
The Single Bench of Justice Nyapathy Vijay held, “As the origin of the problems of transgender persons in India lies in stigma and discrimination they face in family and society, resulting in their exclusion from the socio-economiccultural-political spectrum, there is a dire need to mainstream them and the adoption of an inclusive approach in all spheres of life including affirmative action by the State in public employment.”
“In such circumstances, the Writ Petition is disposed of, directing the State Government to provide reservations to transgenders in public employment within six months from the date of receipt of a copy of this judgment and consider the case of the petitioner for appointment to the post of School Assistant”, it ordered.
Advocate M Solomon Raju represented the Petitioner while Government Pleader represented the Respondent.
Factual Background
The petitioner having requisite qualification, applied for the post of School Assistant (Language) Hindi post and also TGT (Language) Hindi. She secured 678th rank in DSC-2025 examination of Eluru District, however, she was not considered for appointment as no vacancies were notified. Hence, the Writ Petition was filed questioning the non-notification of vacancies for transgenders as being contrary to the mandate of the Supreme Court in National Legal Services Authority v. Union of India (2014).
Reasoning
The Bench, at the outset, highlighted the fact that one of the most underprivileged communities in this country is the transgender community and till the present day, transgender individuals have been shunned by society. Noting that the Parliament enacted the Transgender Persons (Protection of Rights) Act, 2019, addressing issues regarding discrimination and the rights of the transgender community, the Bench further highlighted that no quota in employment or in educational institutions was provided to the transgender communities by the State.
Reference was made to the judgment in V. Vasanta Mogli v. The State of Telangana and Ors. (2023), where the Telangana High Court had directed the respective State Government to provide reservation to transgender community till a law is enacted. “The transgender community is not only socially and economically backward, but has also been abandoned by society. In these circumstances, the State has a moral obligation under the Constitution to take affirmative action on behalf of such communities”, the order read.
Considering that the National Legal Services Authority’s case (supra) was rendered by the Supreme Court more than 10 years ago, the Bench held that the State cannot dodge this issue any further. The Bench thus disposed of the Writ Petition by directing the State Government to provide reservations to transgenders in public employment within six months from the date of receipt of a copy of this judgment and consider the case of the petitioner for appointment to the post of School Assistant.
Cause Title: Katru Rekha v. State of Andhra Pradesh ( Case No.: W.P.No.26262 of 2025)