Karnataka HC: ‘Last Chance’ to State Govt. Provide Transgender Reservation

Alka Verma-

Published On: September 22,2021 at 17:25 IST

The Karnataka High Court on Wednesday, provided last possibility and conceded a month time to the State Government to follow a previous request guiding it to consider giving 1% reservations to Transsexuals to enrollment in all State-Owned Offices.

A Division Bench comprising Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum stated, “Four-week time by way of last indulgence is granted to the state government to issue advisory as directed by an earlier order of this court.”

Earlier, in its order issued on August 18 the Court talked about the policy of 1% horizontal reservation to transsexuals.

“The State government has taken the innovative step of providing 1 percent horizontal reservation to transgenders in employment as provided in Karnataka Civil Services (general recruitment) rules 2021,” stated the order.

Further, it also stated, “Considering the policy of the state as reflected from the said amended rules, the state government may consider issuing directions/advisory to all state-owned corporations and statutory authorities established under the State enactments to provide for similar reservations.”

Prior, the public authority had given a notice whereby it chose to give 1% (flat) reservation to Transgender up-and-comers in Government tasks to be filled through the immediate enrollment measure.

The Reservation is pertinent to transsexual up-and-comers in every classification of General legitimacy, SC, ST, and in every one of the OBC classes.

The Public Authority had made Amendments to the Karnataka Civil Services (General Recruitment) (Amendment) Rules, 2021.

Through the correction, Rule 9, sub-rule (1) (d) has been consolidated to accommodate 1% Horizontal reservation to the transsexual.

Following this, an Application was documented by the intervenors looking for directions to other public experts for giving reservations to transsexuals.

Senior Advocate Jayna Kothari for the intervenors presented that the State ought to think about giving notice to the enterprises for giving reservations.

The Court is also dealing with a Petition filed by Sangama, a society working for sexual workers.

The Petitioner had depended on the judgment of the Apex Court on account of NALSA Vs Union of India, to contend that the State in its notice calls only for Men & Women and absolutely dismissed the ‘Third Gender’.

Therefore, the Petitioner also demanded a separate category for transsexual at different positions as well.

The Hearing is next scheduled on November 17.

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