SC permits job application under third gender, directs implementation of 2019 Act
New Delhi, April 11 -- The Supreme Court on Friday permitted a transwoman to apply under the "transgender" category for recruitment as a teacher in Delhi government schools, while agreeing to examine her broader plea seeking separate vacancies and a comprehensive recruitment policy for transgender persons in public employment under the Delhi government.
A bench of justices JB Pardiwala and KV Viswanathan issued notice to the Delhi government, the directorate of education (DoE), the department of social welfare, the Delhi subordinate services selection board (DSSSB), and the Union government on the petition filed by Jane Kaushik, 31.
Passing an interim order, the court allowed Kaushik to make an application as a transgender person on the DSSSB's online application registration system (OARS) portal after her counsel pointed out that the platform continued to restrict applicants to binary gender categories of "male" and "female".
"We grant the same relief," ordered the bench, referring to an earlier order of a single judge of the Delhi high court that had permitted Kaushik to apply under the transgender category.
The court was informed that Kaushik had already registered on the OARS portal but was not able to apply since the portal only had "male" and "female" categories.
Taking note of the relief granted during the pendency of proceedings before the high court, the bench extended similar protection, ensuring that her application would not be rejected on the ground of gender classification.
Kaushik's petition raised wider issues concerning the recognition of transgender persons in public employment and the absence of specific provisions for their inclusion in recruitment processes.
Kaushik has sought directions for notifying separate vacancies for transgender persons in teaching posts, framing a dedicated recruitment policy, and extending relaxations in age and qualifications in line with statutory mandates.
Kaushik's plea also sought implementation of the Transgender Persons (Protection of Rights) Act, 2019, and the corresponding Rules of 2020, which mandate non-discrimination in employment and require institutions to ensure equal opportunity.
The division bench also referred to a more recent Supreme Court ruling in Kaushik's own case, which had flagged serious gaps in the implementation of the transgender persons protection of rights act act and related rules.
Observing that the top court was already seized of the issue, the high court had granted liberty to Kaushik to approach the advisory committee constituted by the Supreme Court for redressal of grievances.
The Supreme Court had also issued a series of directions to the Centre and states to operationalise the transgender persons protection of rights act by establishing welfare boards, grievance redressal mechanisms and safeguards against discrimination in workplaces....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.