Image Source: X/Open Global Rights
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was hearing a petition filed by a transgender applicant seeking reservation for recruitment to the post of court attendant at the Delhi High Court.
The Delhi High Court observed that the Delhi government has not fully implemented reservation for transgender persons in public employment, as mandated by the Supreme Court’s 2014 NALSA judgment. The court converted a petition into a Public Interest Litigation (PIL) to address the issue more broadly. “The government has to take policy decisions and comply with the Supreme Court's directions and provide reservations. We are enlarging the scope of the writ petition to a PIL. Having regard to the nature of issues raised in this petition, which primarily concerns the welfare of transgender persons, we treat this petition as a PIL,” the bench said.
To ensure proper implementation, the court impleaded key stakeholders, including:
Union of India, represented by the Secretary of the Ministry of Social Justice and Empowerment
Delhi Government, represented by the Principal Department of Social Welfare
The court issued notices to these parties, enabling them to participate in the PIL proceedings.
The Supreme Court’s NALSA judgment (2014) instructed the government to treat transgender persons as a socially and educationally backward class, thereby making them eligible for reservation in public employment.
The Delhi High Court noted that, despite this directive, the government has not taken adequate policy measures to ensure transgender candidates receive the benefits of reservation. “However, no such policy decision appears to be in sight till date as far as public employment is concerned,” the bench observed.
The GNCTD had issued a notification in 2021 granting 5-year age relaxation and 5% marks relaxation for transgender applicants.
However, the Delhi High Court pointed out that no formal reservation was provided, and many eligible transgender persons were unable to apply due to the lack of implementation of these relaxations. “The judgment NALSA was rendered in 2014, and, till date, it appears that adequate steps that ought to have happened for ensuring reservation in public employment have not happened,” the bench said. “The Parliament has enacted a law on protection of rights and has also framed rules, however, it appears that the welfare measures which may be made pursuant to statutory obligations have not been made.”
The bench instructed the Delhi government to take appropriate action within 10 days in consultation with the High Court. “There have been many transgender persons who could not apply as the age and marks relaxation was not made available. We direct that the Delhi Government within 10 days, to take appropriate decision in consultation with the High Court for providing the benefit to transgender as per the notification,” the court said. The High Court added that once relaxations are implemented, the application deadline for affected posts will be extended by one month, and the government must publicize the changes widely.
This decision is a key step toward transgender inclusion in public employment in Delhi. It reinforces the Supreme Court’s NALSA directives and holds the government accountable for implementing statutory welfare measures. With the PIL, the court aims to ensure that transgender candidates receive both reservations and relaxations in age and marks, allowing them equal opportunity to participate in public employment.
