The Division Judge Bench of the Rajasthan High Court, comprising Justices Mahindra Mohan Srivastava and Madan Gopal Vyas in the case of Ganga Kumari v. State of Rajasthan & Ors has ordered the State Authorities to implement the directives passed in NALSA Judgment and extend all kinds of reservations in cases of admission in educational institutions and for public appointments for transgenders.
Background of the Case
The petitioner named Ganga Kumari belongs to transgender community. The petitioner filed the petition seeking issuance of directions in the matter of providing proper and effective reservation to the transgenders in terms of the mandate of the Supreme Court in the case of National Legal Services Authority vs. Union of India & Ors.
Submission of the Petitioner
The counsel on the behalf of the petitioner has submitted that the Supreme Court in the case of National Legal Services Authority had examined the rights of the transgenders in the matter of appointment to public services, as also admission to educational institutions. According to him, despite there being detailed directions issued by the Supreme Court, the State, so far, has not implemented those directions.
Submission of the Respondent
The Learned counsel for the State has submitted that as far as prescription relating to reservation is concerned, it is a matter of prerogative of the State as to the manner and the extent to which reservations have to be provided.
Further he vehemently opposed the petitioner’s contention and made submission that the petitioner cannot seek that the reservations in a particular manner or to the extent should be provided to her.
Reasoning and Decision of the Court
After hearing the both parties, the Court observed that “we are of the view that in view of the aforesaid pronouncement in the case of National Legal Services Authority (supra), the State is left with no option but to implement the directives, which have been issued by the Supreme Court”.
The Court further referred to the NALSA judgment and expounded that it has been categorically directed to the Central Government as well as State Government to take steps to treat transgenders as socially and educationally backward classes of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments.
The court also showed it’s concerned about the inappropriate delay in implementation of the directives and instructed the State to come out with proper rules, regulations and legislations to provide special treatment as directed by the Supreme Court.
The Court allowed the petition and allowed the petitioner to participate in the process of selection and her candidature shall not be rejected only on the ground that she is third gender and directed the State to complete the exercise expeditiously and granted maximum period of four months to do the needful.
Case Details
Case: - D.B. Civil Writ Petition No. 10672/2021
Petitioner: - Ganga Kumari
Respondent: - State of Rajasthan & Ors
Judge: Justices Mahindra Mohan Srivastava and Madan Gopal Vyas
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