A Division Bench of the Jodhpur Bench of the Rajasthan High Court has directed the state government to come out with proper rules, regulations and legislations to provide special treatment for transgenders.
"Taking into consideration the nature of exercise required to be undertaken by the State, we hereby direct the State to complete the exercise expeditiously and we grant maximum period of four months to do the needful", a Bench comprising of Justice Madan Gopal Vyas and Justice Manindra Mohan Shrivastava directed.
The order has been passed on a plea by a member of the transgender community aspiring to become a police sub-inspector and having participated in the recruitment process for it.
Petitioner Ganga Kumari had approached the Court seeking its directions to the government to provide proper and effective reservation to transgenders in terms of the mandate of the Supreme Court's judgment in the matter of National Legal Services Authority Vs. Union of India & Ors.
Advocate Rituraj Singh Rathore for the petitioner submitted that despite the detailed directions of the Apex Court, the Rajasthan government has not implemented them till now.
Mr. Manish Vyas, AAG appearing for the state submitted that 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. He contended that the petitioner cannot seek that the reservations in a particular manner or to the extent should be provided to her.
The Court noted that the Supreme Court has categorically directed to the Central Government as well as State Government to take steps to treat transgenders as socially and educationally backward classes of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments.
The Bench passed the directions after noting that "Such a direction clearly casts an obligation on the part of the State to work out reservation in such manner and to such extent as it may decide on the basis of relevant data available. Much time has lapsed since the directions were issued by the Supreme Court in the case of National Legal Services Authority..."
The Court also directed that the petitioner should be allowed to participate in the process of selection and her candidature shall not be rejected only on the ground that she belongs to the third gender.