Hold survey, frame policy: HC to state
JODHPUR, March 31 -- The Rajasthan high court on Monday directed the state government to undertake a comprehensive policy exercise to address the marginalisation of transgender people and, as an interim measure, ordered that transgender candidates be given 3% additional weightage in marks in government recruitment and admissions to educational institutions.
Disposing of a petition filed by Ganga Kumari, a transgender person from Jalore district, a division bench of justice Arun Monga and justice Yogendra Kumar Purohit ordered that "the state government shall constitute a committee, as indicated above, to conduct a detailed inquiry and recommend measures to address the aggravated marginalisation of transgender people from all backgrounds, be it any category."
"The government shall thereafter take an appropriate policy decision based on such recommendations," the bench added.
The Bench said: "Until such policy decision is taken, transgender persons shall henceforth be granted 3% additional weightage in the maximum prescribed marks for the purposes of selection and appointment to posts and admission to educational institutions under the State Government, its instrumentalities, public sector undertakings, and State-funded or aided institutions."
The case arose from a petition in which Ganga Kumari sought implementation of the Supreme Court's landmark ruling in National Legal Services Authority (NALSA) vs Union of India.
The petitioner argued that the state's move to include transgender persons in the Other Backward Classes (OBC) category did not effectively implement the constitutional mandate for affirmative action.
She further added that the move failed to ensure meaningful representation of transgenders in education and public employment.
The Bench quoted: "Seldom does our society realise or care to realise the trauma, agony and pain which the members of the transgender community undergo. Our society often ridicules and abuses the transgender community and in public places. they are sidelined and treated as untouchables."
It added: "We are also informed that even Tamil Nadu has taken positive steps towards granting horizontal reservations to transgenders in public employment and educational institutions."
"The State of Rajasthan has merely enacted the Transgender Utthan Kosh Guidelines, 2021, which are directory in nature, and brought all transgender persons within the OBC category, which neither serves any meaningful purpose nor meets the NALSA judgment mandate," it said....
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हमे संपर्क करें.