Andhra Pradesh High Court Mandates Reservation for Transgenders in Public Employment

State Directed to Implement Reservation Policy within Six Months; Transgender Petitioner to be Considered for School Assistant Position

In a landmark judgment, the Andhra Pradesh High Court has directed the state government to implement a reservation policy for transgenders in public employment within six months. The judgment, delivered by Justice Nyapathy Vijay, addresses the longstanding exclusion of transgender individuals from state employment opportunities, despite existing legal mandates for their inclusion.

The case was brought forward by Katru Rekha, a transgender woman who applied for the position of School Assistant (Language) Hindi, as well as TGT (Language) Hindi, under the DSC-2025 Notification. Despite securing a commendable 678th rank in the examination for Eluru District, Rekha was not considered for the position due to the absence of notified vacancies for transgender candidates. This prompted the petitioner to challenge the recruitment process as being contrary to the Supreme Court's directives in the National Legal Services Authority v. Union of India case.

Justice Vijay emphasized the constitutional obligation to address the social and economic backwardness faced by the transgender community. Citing the Transgender Persons (Protection of Rights) Act, 2019, the court recognized the state's failure to provide the mandated reservation in employment and education sectors, despite the act's enactment. The judgment highlighted the necessity of affirmative action to ensure equality and inclusion for transgender individuals, aligning with the mandates of Articles 15 and 16 of the Indian Constitution.

The court also referenced similar directives and judgments from various other states, including Telangana, Karnataka, West Bengal, and Kerala, which have taken steps to provide reservation and uplift the transgender community. The Andhra Pradesh High Court's ruling reiterates the moral and constitutional responsibility of the state to implement inclusive policies that reflect the diversity and dignity of all citizens.

The decision is seen as a significant step towards mainstreaming transgender individuals and offering them equal opportunities in public employment. The court's order ensures that Katru Rekha's application for the School Assistant position is reconsidered, setting a precedent for future appointments and fostering a more inclusive society.

Bottom Line:

Transgender rights - State directed to provide reservations to transgenders in public employment within six months and consider the petitioner's appointment for the post of School Assistant.

Statutory provision(s): Articles 15 and 16 of the Constitution of India, Transgender Persons (Protection of Rights) Act, 2019

Katru Rekha v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2806084