- The Rajasthan HC has, in the case of Ganga Kumari vs. State of Rajasthan directed the State government to treat members of the transgender community as socially and educationally backward classes of citizens and to extend all kinds of reservations to them in cases of public appointments and admissions to educational institutions.
- It is also to be noted here that the Hon’ble Apex Court has, in National Legal Services Authority (NALSA) vs Union of India AIR 2014 SC recognised transgenders as a third gender and had also discussed gender identity at length, a much needed discussion in our country.
- The impugned order was made in a writ petition by Ganga Kumari, who sought effective reservation for the transgenders in compliance with the mandate of the Apex Court in the aforesaid decision (NALSA vs. Union of India).
- The Counsel for the State had opposed the said plea on the ground that reservation is a prerogative of the State as to the manner or to the extent that the same is to be provided. It was also argued by the State that the petitioner cannot seek that reservation in a particular manner and to a particular extent should be provided.
- Citing various directions of the Apex Court in the NALSA case, the HC clearly mentioned that in para 135.3 of the judgment, the Apex Court has clearly directed the Centre as well as State governments to take steps to treat transgenders as socially and educationally backward classes of citizens and extend to them all kinds of reservations in educational institutions and for public appointments.
- The HC observed that such a direction clearly casts an obligation upon the State to work out reservation for the transgender community in such a manner and to such an extent on the basis of the relevant data available.
- The Court also noted that much time has elapsed since the said directions were issued and the State should have already come out with proper rules and regulations to give effect to the orders of the Supreme Court. Hence, the HC directed the State to carry out the same within a period of four months.
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