The Rajasthan High Court has recently directed the Rajasthan government to respond to a petition challenging a 2023 circular that categorizes transgender individuals under the Other Backward Classes (OBC) category rather than granting them horizontal reservation benefits.
A transwoman petitioner has requested the Court to nullify the circular classifying transgender individuals under the OBC category, which provides vertical reservation, and instead direct the state to grant them horizontal reservation benefits.
On January 20, a bench comprising Chief Justice Manindra Mohan Shrivastava and Justice Nupur Bhati instructed the state to submit its response to the plea within two weeks.
The petition challenges a 2023 circular issued by the Rajasthan Ministry of Social Justice and Empowerment, which classifies transgender individuals under the OBC category.
The petitioner, Ganga Kumari, contends that the circular is both counterproductive and unconstitutional. She highlights the 2014 Supreme Court judgment in NALSA v. Union of India, which recognized transgender persons as socially and economically backward classes and mandated reservation benefits for them in educational institutions and public appointments.
Kumari argues that the 2023 circular undermines the essence of the NALSA judgment, violating its intended spirit.
"The circular fails to account for the unique status of transgender persons as socially and educationally backward citizens, as per the directions of the Hon'ble Supreme Court. Moreover, the circular's provision to place transgender individuals in the OBC category is counterproductive, as it does not allow transgenders to avail of special reservation (as called for the NALSA judgment), and this could lead to their exclusion from both transgender-specific and OBC-related benefits," the plea says.
The petitioner further asserts that the circular could perpetuate inequality by disadvantaging transgender individuals already belonging to oppressed castes. For instance, a transgender person from a Scheduled Caste or OBC background might lose access to special benefits they would otherwise receive under a horizontal reservation framework.
"The circular disregards critical nuances, such as instances where a transgender individual born into a Scheduled Caste or OBC family is deprived of the unique benefits meant for transgender persons, thereby reinforcing inequality," the petition states.
The petition was filed by advocates Dheerender Singh Sodha and Vivek Mathur, with Advocate Udit Mathur representing the petitioner before the High Court.
On behalf of the State, Additional Advocates General Praveen Khandelwal, BL Bhati, and Rajesh Panwar, along with Advocates Ayush Gehlot and Mahesh Thanvi, appeared in the matter.
Case Title: Ganga Kumari Versus State Of Rajasthan
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