Deccan Herald

Writ Petition in Andhra Pradesh High Court seeking 4% reservations for Transgender persons in Public Employment

Matam Ganga Bhavani vs. State of Andhra Pradesh & Ors. W.P 18644 of 2020 | Andhra Pradesh | Status: Pending | |

This Petition challenged the Notification No. 2/2020 dated 27.6.2020 for being in violation of the judgment of the Hon’ble Supreme Court in NALSA v. Union of India, 2014 (5) SCC 1, and the direction of the Hon’ble Supreme Court in the said judgment to treat transgender persons as socially and educationally backward classes and extending them all kinds of reservation in cases of admission in educational institutions and for public appointments in Andhra Pradesh High Court.

As the Petitioner in this case was not provided reservation as per the above mentioned guidance for the post of Staff Nurse in the state of Andhra Pradesh even after being in the final merit list for the said post. Petitioner was also qualifying in all the educational qualification required for the said post. However, state was not implementing the reservation policy as per the NALSA Judgement for the transgenders person's and that was causing hindrance for the petitioner to secure her a position.

Hon’ble High Court while considering the petition noted when the petitioner is qualifying in every respect still deny her employment on the basis of her gender is not appropriate. Thus,  Hon'ble High court directed the Respondents to provide the reservation and post to the petitioner if she qualifies as per the merit for the said case within 2 weeks and her gender should not come in a way to provide her employment.