HC seeks Centre, Delhi govt's reply on plea against discrimination of transgenders in education, employment

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

Justice Purushaindra Kumar Kaurav issued a notice returnable by March 28, 2024, to several government bodies, including the Union Ministries of Home Affairs and Law & Justice, Indian Council of Medical Research (ICMR), All India Institute Of Medical Sciences (AIIMS), the government of Delhi, and the national capital's Department of Social Welfare.

The plea, filed by a transwoman, highlights the discriminatory treatment faced by transgender individuals in public employment and educational institutions.

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

It 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 qualification 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 NALSA judgement.

The plea contends that the discriminatory practices of various institutions, including ICMR, 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.