The Delhi High Court on Monday, October 6, 2025, came down heavily on the Union Government and the Delhi Government for their prolonged inaction in formulating a concrete policy on reservation for transgender persons in public employment — a direction that was issued more than a decade ago by the Supreme Court of India in the landmark NALSA v. Union of India (2014) judgment.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela expressed its disappointment and concern over the government’s failure to implement the directives of the apex court, which had recognized transgender persons as a “third gender” and directed both Central and State governments to treat them as socially and educationally backward classes entitled to reservations in education and employment.
Background: NALSA Judgment and Its Unfulfilled Mandate
In National Legal Services Authority (NALSA) v. Union of India & Ors (2014), the Supreme Court acknowledged the constitutional rights of transgender persons to equality, dignity, and non-discrimination under Articles 14, 15, 16, and 21 of the Constitution. The Court mandated governments to frame policies ensuring social inclusion, reservations, and welfare measures for transgender citizens.
Despite the ruling being over 11 years old, no policy framework for reservation in public employment has been effectively implemented either by the Centre or the Delhi Government, the High Court observed.
The Present Case: Plea Over DSSSB Recruitment
The issue came to light in a writ petition filed by a transgender applicant who sought reservation in recruitment to the post of court attendant at the Delhi High Court, as advertised by the Delhi Subordinate Services Selection Board (DSSSB).
The petitioner argued that the advertisement failed to provide any reservation or relaxation for transgender candidates, in direct violation of the NALSA judgment and the Transgender Persons (Protection of Rights) Act, 2019.
Advocate Naman Jain appeared for the petitioner, highlighting the systemic neglect faced by transgender persons due to the lack of inclusive recruitment policies.
High Court Expands Petition into a PIL
Taking note of the larger public significance of the issue, the Division Bench expanded the scope of the individual writ petition into a Public Interest Litigation (PIL). The Court sought comprehensive responses from:
- The Ministry of Social Justice and Empowerment (Central Government),
- The Delhi Government’s Department of Social Welfare, and
- The National Council for Transgender Persons.
The Bench emphasized that the issue of reservation for transgender persons in government employment cannot be delayed any longer and requires a policy decision in line with the Supreme Court’s 2014 directions.
“We are of the prima facie opinion that for inclusion of transgender persons in the society and for their full and effective participation, the government ought to have taken some policy decision for providing reservation by now as already mandated in the NALSA judgment. However, no such policy decision appears to be in sight till date,” the Court observed.
Court’s Observations: Lack of Welfare Implementation
While acknowledging that the *Parliament has enacted the Transgender Persons (Protection of Rights) Act, 2019, the Bench noted that the *welfare measures envisaged under the statute remain largely unimplemented.
“The Parliament has enacted a law on protection of rights and has also framed rules. However, it appears that the welfare measures which may be made pursuant to statutory obligations on government have not been made,” the Court remarked.
The Court further underlined that the absence of policy has deprived several transgender persons of fair employment opportunities — particularly those who could not apply for public posts due to the lack of age relaxation and marks relaxation provisions.
Delhi Government’s 2021 Notification Ignored
During the hearing, it was revealed that the Delhi Government had issued a notification in 2021 providing a five-year age relaxation and relaxation in qualifying marks for transgender persons in public employment. However, this notification has not been reflected in the DSSSB recruitment advertisement challenged before the Court.
Taking note of this non-compliance, the Bench directed the Delhi Government to take an appropriate policy decision within 10 days, in consultation with the High Court, regarding reservation and relaxations for transgender candidates in the DSSSB recruitment process.
The Court also directed that if such relaxations are introduced, the last date for submitting applications shall be extended by one month to enable transgender persons to apply.
Central Government Asked to Assist
Since the Central Government was not initially a party to the case, the Court requested Central Government Standing Counsel (CGSC) Ashish Dixit to assist in the matter. Dixit accepted notice on behalf of both the Union Government and the National Council for Transgender Persons.
The Ministry of Social Justice and Empowerment, which is the nodal authority for transgender welfare, has also been directed to file its detailed response on the steps taken so far for policy formulation on reservation.
Judicial Push for Policy Compliance
This development marks yet another judicial push for the effective implementation of the NALSA directives, which have remained largely on paper for over a decade. Despite the enactment of the Transgender Persons (Protection of Rights) Act, 2019, systemic discrimination persists due to the absence of concrete reservation policies in recruitment processes.
The Bench’s observations highlight a significant gap between legal recognition and policy execution—a gap that continues to marginalize transgender persons despite constitutional and judicial mandates.
What Happens Next?
The Delhi High Court has scheduled the next hearing for *November 19, 2025, by which time both the Central and Delhi Governments are expected to submit their affidavits outlining *steps taken or proposed toward ensuring reservation in public employment for transgender persons.
The outcome of this case is expected to set an important precedent for the implementation of transgender rights across India, especially in terms of affirmative action in government jobs.
Broader Implications: From Recognition to Real Inclusion
While NALSA marked a historic turning point in recognizing transgender persons’ constitutional rights, the delay in implementing reservation highlights ongoing institutional reluctance. The Delhi High Court’s intervention may now act as a catalyst for systemic reform, compelling governments to operationalize long-pending welfare measures.
Legal experts point out that reservation in education and employment remains a critical step for ensuring social justice and inclusion, without which constitutional promises of equality remain unfulfilled.
As India progresses toward inclusive governance, the present proceedings before the Delhi High Court could become a landmark moment in the realization of transgender rights, transforming recognition into real empowerment.
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