Delhi HC allows activist Grace Banu's intervention application in plea seeking employment of transgender persons in public appointments

An 'Intervention Application' was filed before the Delhi High Court on Tuesday by transgender rights activist Grace Banu seeking permission to assist the court in a plea seeking employment of transgender persons in public appointments.

During the hearing on the plea, Senior Advocate Jayna Kothari appeared for Banu and submitted that she wanted to assist the court in the present case.

The bench of Justice Prathiba M. Singh ‘allowed’ the intervention application, however, she refused any impleadment in the case.

Court further noted, “In terms of the previous order affidavit were to be filed by the respondents. However, it is stated that the Union of India (UOI) received the petition only on March 24.”

Thus, the court directed all the respondents to file their affidavits. Furthermore, the court said, “Let the paper book be given to the UOI, so that they can reply on the affidavit in 6 weeks. List the matter for August 4”.

Court was hearing the plea filed by one Jane Kaushik, a transgender person living in Delhi. Being a highly qualified individual with degrees in B.A. (General), M.A. (Political Science), B.Ed., and a two-year diploma in Nursery Teacher Training (NTT), which is also known as Early Childhood Care and Education (ECCE), since 2019, Kaushik had been looking for employment in Delhi government schools, but to no avail.

After Kaushik was unable to apply following a vacancy advertised by the Delhi Subordinate Services Selection Board (DSSSB) as the online application registration system (OARS) did not have ‘transgender’ as an option for identification, she moved the present plea.  Kaushik in her plea stated that various positions advertised required a “specific gender” of the candidate, either male or female.

Through the present plea, Kaushik sought directions to frame a policy for the recruitment of transgender persons in all appointments for the Delhi government. She also sought relaxations for transgender persons by Clause 9 of the Teacher Eligibility Test (TET) Guidelines issued by the National Council for Teacher Education (NCTE). Kaushik also sought effective implementation of the provisions of the Transgender Persons (Protection of Rights) Act, 2019.

It is to be noted that in January, a single-judge bench had sought the Centre’s reply on the present plea. Court had also directed to implead Central Government’s Ministry of Home Affairs as a party to the plea.

The counsel for the Delhi government had then submitted before the court that the DSSSB has taken the necessary steps for immediately amending the portal.

Taking note of the submissions, the court had clarified that Kaushik in the meantime will be free to apply for vacancies irrespective of the gender specified in the advertisement.

Case Title: Jane Kaushik v. Lieutenant Governor NCT of Delhi & Ors.

Statue: The Transgender Persons (Protection of Rights) Act, 2019