Mitali Palnitkar
Published On: January 31, 2022 at 16:03 IST
The State government of Andhra Pradesh was directed to implement the Supreme Court Judgment on providing reservation to transgenders within three months by the Andhra Pradesh High Court.
The Judge hearing the Case was Justice M Satyamarayana Murthy. The Counsel appearing for the Petitioner was M Solomon Raju and the Government Pleader appearing for the State was YN Vivekananda.
The High Court also directed to undertake a study on the problems that the transgenders face. It also observed that it was unthoughtful to not provide transgender category in the employment notification.
Matam Gangabhavani, who claimed to be a transgender had moved to the Court challenging the 2018 notification for recruitment of Sub-Inspector (SI) rank officers. She had contended that separate reservation for transgenders was not provided in the said notification.
M Soloman Raju told the Court that the Petitioner was a male birth and later converted as a transgender after he underwent a surgical procedure.
Raju further argued that the notification did not provide an option to declare gender identity and had to identify herself as a woman. Though she appeared for the written examination, she was declared unfit for the post.
Government Pleader Y Vivekananda that the government was ready to implement the Supreme Court guidelines. But he stated that the Petitioner was not a transgender by birth and had changed her gender by surgical procedure and thus she shall not claim reservation as a transgender.
Justice Murthy observed that the State government was neglecting the transgenders, who were not being given equal opportunities. He also noted that no steps were taken by the State government though the Supreme Court had directed to provide reservation to transgenders in recruitments under educationally and socially backward class.
The Court noted that the notification could not be considered as illegal since the Supreme Court had left the percentage of reservation up to the government. The High Court dismissed the Petition but asked the government to undertake a study and implement the Supreme Court guidelines within three months.
Also read: LGBTQ Rights in India and Acknowledgement
