The Delhi High Court has requested the Central and Delhi governments to provide their responses to a petition that expresses concerns about the widespread exclusion of transgender individuals from accessing various educational and public employment opportunities in the capital city.

Justice Purushaindra Kumar Kaurav has issued a notice, which should be returned by March 28, 2024, to several authorities, including the Union Ministries of Home Affairs and Law & Justice, the Indian Council of Medical Research (ICMR), the All India Institute of Medical Sciences (AIIMS), the Government of Delhi, and Delhi's Department of Social Welfare.

The petition was submitted by a transgender woman who highlighted the discriminatory treatment that transgender individuals encounter in both public employment and educational institutions. The plea emphasized the significance of implementing horizontal reservations, which encompass reservations based on gender, and relaxing eligibility criteria for the transgender community in various employment and admission opportunities.

In addition to other requests, the petition called for measures to extend reservations to all transgender individuals for public appointments in Delhi. Furthermore, the Court has been urged to instruct both the Central government and the Delhi government to formulate a policy for the recruitment of transgender persons. The plea also seeks the provision of qualification and age-based relaxations for transgender individuals in such positions.

The petitioner specifically pointed out recruitment notifications issued by ICMR that advertised vacancies exclusively for either female or male candidates, effectively excluding transgender individuals.

The petitioner emphasized that this issue extends beyond just the ICMR and is a more widespread problem affecting various public employment and educational opportunities in Delhi.

The plea stated, "Since the admission forms of various colleges (including the admission process of Respondent No. 4 [ICMR] and similar institutions) only offer the binary options of Male or Female, transgender students who seek admission to colleges have no alternative but to either refrain from applying or apply under a gender category that does not align with their identity, often using their previous name, i.e., under the category of either Male or Female."

The petitioner also revealed that she had previously achieved high rankings in entrance examinations for pursuing a postgraduate course at AIIMS, Delhi. However, she narrowly missed securing a seat due to her ranking.

Furthermore, she mentioned that she had written to AIIMS, requesting the reservation of a few seats for transgender candidates in accordance with the Supreme Court's NALSA judgment, but her request went unanswered. Consequently, she has now urged the Court to issue a directive for the reconsideration of her application to enroll in the AIIMS course.

The petitioner further asserted that the Delhi government has not undertaken any reformative or affirmative measures for the betterment of transgender individuals in the realms of education and public employment. This, she argued, is a violation of the provisions set forth in the Transgender Persons (Protection of Rights) Act, 2019, and the Transgender Persons (Protection of Rights) Rules, 2020, which mandate such actions to protect and advance the rights of transgender individuals.

In light of these concerns, the petitioner is now requesting reformative actions. These include the issuance of separate vacancy notifications for transgender individuals by institutions like ICMR and AIIMS. Additionally, the petitioner is urging the authorities to establish transgender protection cells at both the state and district levels to address the specific needs and rights of transgender individuals.

Case: Ayesha Vs. Union of India and Ors., W.P.(C) 13052/2023.