Jodhpur, Mar 30 In a significant ruling on affirmative action for transgender persons, the Rajasthan High Court's Jodhpur bench has held that the state's policy of including them under the OBC category offers no meaningful benefit, and granted interim relief by directing 3 per cent additional marks weightage in recruitment and admissions.
A Division Bench of Justices Arun Monga and Yogendra Kumar Purohit passed the order while disposing of a writ petition filed by Ganga Kumari, who had challenged a January 12, 2023, notification of the state government.
In its order pronounced on Monday, the bench directed the state to constitute a high-level committee to undertake a detailed study on the socio-economic marginalisation of transgender persons across categories and recommend a suitable reservation framework. The government has been asked to take a policy decision based on the committee's findings.
Ganga Kumari had sought quashing of the 2023 notification and a direction to provide horizontal reservation in public employment and education, relying on the Supreme Court's mandate recognising transgender persons as a distinct class entitled to affirmative action.
She argued that inclusion within the OBC list without a separate quota rendered the benefit ineffective and, in some cases, detrimental.
Her counsel contended that transgender individuals belonging to SC/ST or other backward categories were forced into a disadvantageous choice -- either retain their caste-based reservation or opt for the transgender category -- without any additional benefit.
It was also pointed out that the policy had not benefited any transgender person since its introduction.
The state opposed the plea, maintaining that reservation structuring falls within the executive's domain and that transgender persons were already covered under the OBC reservation, along with welfare schemes and skill development initiatives.
After examining the material, the court found merit in the petitioner's grievance, observing that the impugned notification was "an exercise in form without substance" and failed to translate constitutional guarantees into meaningful outcomes. It noted that the state's own affidavit confirmed the absence of any tangible benefit to the community.
The bench also highlighted the anomaly whereby transgender persons from SC/ST backgrounds could lose more advantageous reservation benefits due to their blanket categorisation under OBC.
However, the court declined to mandate horizontal reservation at this stage, citing limitations on judicial intervention in policy matters and practical concerns, including the small population share of transgender persons and complexities in roster implementation.
As an interim measure, the court ordered that transgender candidates be granted 3 per cent additional weightage in marks in all state-run recruitment processes and admissions to educational institutions until a comprehensive policy is framed.
