Delhi High Court Directs Implementation of Welfare Measures for Transgender Persons in Public Employment
Court orders compliance with Supreme Court's NALSA judgment and mandates policy formulation for age and marks relaxation.
In a significant development, the Delhi High Court has issued directives to ensure the implementation of welfare measures for transgender persons in public employment. The judgment, delivered by a bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, emphasizes the need for compliance with the Supreme Court's landmark NALSA judgment of 2014, which mandates reservations and other welfare measures for transgender persons.
The court was hearing a petition by Praveen Singh, highlighting the lack of implementation of a notification issued by the Government of National Capital Territory of Delhi (GNCTD) on February 8, 2021. This notification provides a five-year age relaxation and a 5% relaxation in qualifying marks for transgender persons in public employment. Despite these provisions, the benefits were not reflected in a recruitment advertisement issued by the Delhi High Court, prompting the petitioner to seek judicial intervention.
The court treated the petition as a Public Interest Litigation (PIL) given its wider implications on the welfare of transgender persons. It directed the inclusion of the Union of India and the Government of Delhi as party respondents, underscoring the need for a coordinated effort in policy implementation.
The judgment reiterates the obligations under the Transgender Persons (Protection of Rights) Act, 2019, which mandates the government to ensure the inclusion and effective participation of transgender persons in society. Sections 8, 16, and 17 of the Act specifically focus on welfare measures, reservation policies, and the role of the National Council for Transgender Persons in advising and monitoring government policies.
The court has granted a ten-day period for the relevant authorities to take appropriate decisions regarding the provision of age and marks relaxation. It also extended the deadline for application submission by a month, contingent upon the relaxation benefits being made available. The Delhi Subordinate Services Selection Board (DSSSB) is tasked with widely publicizing these changes to ensure awareness among potential applicants.
The case is scheduled for further proceedings on November 19, 2025, where compliance with the court's directions will be reviewed. This judgment marks a crucial step towards ensuring the rights and welfare of transgender persons, emphasizing the need for active policy implementation as per statutory and judicial mandates.
Bottom Line:
Welfare of transgender persons - Directions issued for ensuring the implementation of Supreme Court's judgment in NALSA case (2014), mandating reservation and other welfare measures for transgender persons in public employment.
Statutory provision(s): Transgender Persons (Protection of Rights) Act, 2019, Sections 8, 16, 17
Praveen Singh v. High Court of Delhi, (Delhi)(DB) : Law Finder Doc Id # 2793558
