Andhra Pradesh High Court Urges State to Consider Transgender Reservation in Public Employment

Court Directs Examination of Karnataka's 1% Horizontal Reservation Policy for Transgender Individuals

In a significant move towards advancing transgender rights, the Andhra Pradesh High Court has directed the State Government to consider implementing a special reservation policy for transgender individuals in public employment. The directive follows the Karnataka Government's precedent of a 1% horizontal reservation, aiming to address the challenges faced by the transgender community in securing public sector jobs.

The judgment was delivered in the case of Matam Gangabhavani v. State of Andhra Pradesh, presided over by Justices Sri Battu Devanand and Sri A. Hari Haranadha Sarma. The court emphasized the necessity for proactive measures in line with the Supreme Court's landmark decision in National Legal Services Authority v. Union of India, 2014. This decision recognized transgender individuals as a third gender and directed the government to ensure their social and economic justice.

The proceedings involved arguments from Mr. Solomon Raju, representing the petitioner, and the learned Additional Advocate General for the respondents. Mr. Raju pointed out that while Karnataka has taken steps to implement special reservations for transgender individuals, Andhra Pradesh has yet to follow suit. He argued that the state has not adequately considered the Supreme Court's directives regarding transgender rights.

In response, the Additional Advocate General acknowledged the discrepancies and delays in implementing the court's previous orders. He assured that the State Government is in the process of reviewing the feasibility of adopting similar measures to those in Karnataka.

The court expressed hope that the State Government would swiftly arrive at a positive decision after examining the Karnataka policy. The judgment underscored the importance of addressing the issues faced by transgender individuals and called for a timely resolution by the State Government.

The court has scheduled the next hearing for November 24, 2025, expecting a detailed report from the State Government regarding their stance on the matter. This move by the Andhra Pradesh High Court is seen as a pivotal step in advocating for the rights of transgender individuals, ensuring they have equal opportunities in public employment.

Statutory provision(s): National Legal Services Authority v. Union of India, 2014 (5) SCC 438

Matam Gangabhavani v. State of Andhra Pradesh, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2803466