The data submitted by the State to the HC shows that out of 91 transgender applicants in these two years, the maximum of 39 belonged to the General category, 19 to Scheduled Tribes, 22 to OBCs, seven to Scheduled Castes, and four to EWS communities
In an ongoing challenge to the classification of transgender persons as a separate “community” within the Other Backward Classes (OBC) list, data from the Rajasthan Government has now shown that in the two years of accommodating transgender people in the reservation matrix in this manner, none of them had been brought into government services.
The State government has submitted data to a Bench of the Rajasthan High Court, which is hearing a challenge to this classification of transgender persons. The government had issued a circular adding “transgender” as an entry in its existing list of OBCs in January 2023, arguing that this satisfied the Supreme Court’s directions in the 2014 NALSA case that they should be considered for reservation.
Interpreting 2014 verdict
The challenge to this classification, filed by transwoman constable Ganga Kumari, argued that such an interpretation of the Supreme Court’s directions in the 2014 judgment would not be correct, stressing that this classification would never be able to account for transgender people who might not be from an OBC community, instead seeking horizontal reservation for transgenders.
The data submitted by the Rajasthan government’s Social Justice and Empowerment Department this week showed that the State Public Service Commission and the Staff Selection Board had together advertised nearly 15,000 vacancies from January 2023 onward.
Against these, a total of 91 transgender candidates had applied; however, only 22 of them could apply under the category created for transgender people within the vertical quota for OBCs, as only 22 belonged to OBC communities. The data further showed that transgender applicants came from various backgrounds of Scheduled Caste, Scheduled Tribe, Economically Weaker Sections, and the General category communities.
Court sought dataset
While hearing this case last year, a Bench of Justices Pushpendra Singh Bhati and Anuroop Singh had, in November 2025, asked the Rajasthan government to provide data on how many transgender people, who had been given the benefit of being accommodated in the OBC list, had actually been recruited into government service. In response, the government submitted the above-mentioned dataset.
The dataset showed that the maximum number of transgender applicants belonged to the General category, under which 39 candidates had applied. Apart from this, 19 of the transgender applicants belonged to Scheduled Tribes, and seven were from Scheduled Castes, with four candidates falling under EWS category.
Advocate Vivek Mathur, leading the representation of the petitioner in the Rajasthan case, told The Hindu, “This data goes to show that it means nothing in the scheme of quotas to include transgender people as an entry in OBC lists, precisely because, as this data showed, trans candidates ended up competing in their respective caste categories. Maybe if these 91 candidates had competed against each other, it would have been likelier for at least some to have been selected.”
Ever since the 2014 NALSA judgement, a bone of contention in providing reservation for transgender people has been the direction’s interpretation. The NALSA judgement, in recognising the discrimination faced by the community, directed that they be “treated as” socially and educationally backward for the purpose of reservations.
One interpretation of this has been that of Rajasthan, and in another case in Madhya Pradesh, where this was seen as creating an entry within the existing OBC list. And yet, another interpretation of this direction, as argued in courts by activists, is that it calls for treating transgender persons as a separate category on par with socially and educationally backward classes, and not within them, which has been structured as horizontal reservation.
In 2023, the Supreme Court declined to entertain a petition seeking a clarification of this point specifically, leaving it open for petitioners to approach courts. But, in separate cases, both the Karnataka High Court (2021) and the Madras High Court (2024) have accepted the arguments for horizontal reservation, enabling a percentage of quotas for transgender people within each existing category of SC, ST, OBC, EWS, and General.
Abhinay Lakshman
Courtesy : The Hindu
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