Plea moved in Andhra Pradesh HC seeking 4% reservations for Transgender persons in Public Employment
A writ petition has been filed in the Andhra Pradesh High Court urging that the State Government be directed to implement 4% reservations for transgender persons in public employment with immediate effect.
Matam Gangabhavani, a transgender woman, has moved the plea after she was denied appointment as a nurse, in respect of which the Government had issued a notification in June this year.
Gangabhavani submits that she was selected and shown in the final merit list. Out of 95 posts available, 77 posts were filled by Staff Nurses working in Community Health centres on a contract bases. 18 posts were available for further recruitment.
However, the petitioner states that she was denied of being appointed against the available vacancies on account of her being a transgender woman and in the absence of any reservation for transgender persons.
Her petition informs that Gangabhavani had completed a Multi-Purpose Health Worker certification course, a BSc through distance mode and a programme in General Nursing and Midwifery from the Directorate of Medical Education Board, Amaravathi.
“However, all of these educational qualifications are not helpful to me when it comes to employment, as despite NALSA Judgment which was delivered on 15.04.2014, directing for the introduction of reservations for Transgenders, the state has not come forward with any reservations for Transgender People like me”, she has submitted.
As far as the nurse recruitment was concerned, the petitioner informs,
“Results show that reservation policy has been followed for SC, ST and OBCs, but no reservation was applied in respect of Transgenders and the Hon’ble Apex Court judgment in NALSA, has not been considered and acknowledged at all. I was unfairly and illegally deprived from selection for the post of staff nurse on contract basis to earn my livelihood.”
After representations sent to various Government functionaries over the issue yielded no fruitful response, Gangabhavani has now approached the High Court pointing out that:
The June 2020 nurse recruitment notification of the District Health and Medical Officer runs contrary to the Supreme Court’s judgement in NALSA v. Union of India.
It is recounted that in the NALSA judgment, the Supreme court had directed that transgender persons be viewed as socially and educationally backward classes to extend reservations to them in educational institutions and in public appointments.
The petitioner has been denied of fair and reasonable opportunity of employment as Staff Nurse, which is prejudicial and contrary to law and is in violation of Articles 14, 16, 19 and 21 of the Constitution of India.
Rule 7 of Transgender Persons (Protection of Rights) Rules, 2020 distinctly prescribes that Transgenders should be included within the definition of Other Backward Classes to enable them to avail the benefits of vertical reservation provided for the other backward classes
Section 9 of Transgender Persons (Protection of Rights) Act, 2019 prohibits any discrimination in employment.
In view of these submissions, the High Court has now been called on to direct the State authorities to provide a minimum of 4% reservations in matters of public employment in future recruitments.
In the course of the plea, it is also noted that State reservations for transgender persons (4%) are already being implemented in Tamil Nadu after the Madras High Court directed for the State to consider either post-based or percentage-based reservations for transgender people in Swapna and ors v. the Chief Secretary.
It is also recounted that in Matam Gangabhvani v. State of Andra Pradesh the Andhra Pradesh High Court had passed an interim direction to keep one post reserved for a transgender person i.e. the petitioner in the post of Sub-Inspector of Police (Civil) in the Police Department.
Courtesy : Bar and Bench