The Supreme Court asked the Delhi government how transgender people could apply for government jobs when recruitment advertisements divide vacancies only into male and female categories. The court directed the Delhi government to file a detailed affidavit on the issue.
A bench of Justices JB Pardiwala and K. Vinod Chandran said that simply adding a third gender option to the online application portal is not enough. The court said it is equally important to ensure that transgender candidates can actually participate in the recruitment process.
Solicitor General Tushar Mehta told the court that, following the Supreme Court’s intervention, the application portal now includes a third gender option and the petitioner has already applied. However, he said that any decision on reservation for transgender people must be taken by the legislature, not through a court order.
Court says: They are also human beings, treat them with empathy
The petitioner’s lawyer argued that many government recruitment advertisements, including those for teachers, still divide posts into categories such as “PGT Biology (Female)” and “PGT Chemistry (Male)”. Responding to this, the bench said, “They are also human beings. Look at them with empathy.”
The court also observed that even after applying, transgender candidates could still be excluded on the ground that they do not fit into the specified category. It has therefore sought a detailed response from the Delhi government on this issue. The available information does not mention the date of the next hearing.
