Delhi High Court · 2025

$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3401/2022, CM APPL. 9949/2022, CM APPL. 7223/2024 & CM APPL. 71589/2025 JANE KAUSHIK .....Petitioner Through: Ms. Amritananda Chakravorty, Ms. Asawari Sodhi and Ms. Tavleen Kaur Saluja, Advocates. versus LIEUTENANT GOVERNOR, NCT OF DELHI & ORS. .....Respondents Through: Dr. Monika Arora, CGSC with Mr. Subhrodeep Saha, Ms. Anamika Thakur, Mr. Prabhat Kumar and Mr. Abhinav Verma, Advocates for UOI/ R-1. Mrs. Avnish Ahlawat, Standing Counsel alongwith Mr. N.K. Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for GNCTD/R-1, 2 & 4. Mr. Sameer Vashisht, Standing Counsel alongwith Ms. Harshita Nathrani, Advocate for Govt. of NCT of Delhi. (3) + W.P.(C) 14880/2025, CM APPL. 61190/2025, CM APPL. 61191/2025, CM APPL. 72461/2025 & CM APPL. 72466/2025 PRAVEEN SINGH .....Petitioner Through: Mr. Naman Jain, Advocate (DHCLSC). versus HIGH COURT OF DELHI AND ANR .....Respondents Through: Ms. Radhika Bishwajit Dubey, Standing Counsel, DHC alongwith Ms. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 13:11:37 Gurleen Kaur Waraich, Mr. Kritarth Upadhyay and Mr. Vivek Sharma, Advocates for DHC/R-1. Dr. Monika Arora, CGSC with Mr. Subhrodeep Saha, Advocate for UOI. Mrs. Avnish Ahlawat, Standing Counsel alongwith Mr. N.K. Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for GNCTD/R-2. Mr. Sameer Vashisht, Standing Counsel alongwith Ms. Harshita Nathrani, Advocate for Govt. of NCT of Delhi. Mr. Ashish K. Dixit, CGSC alongwith Mr. Umar Hashmi and Ms. Iqra Sheikh, Advocates for R-3 & 4. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 18.12.2025 1. Present writ petitions have been filed under Article 226 of the Constitution of India, 1950 seeking the following prayers:- W.P.(C) 3401/2022 “a. Issue an appropriate writ, order or direction to Respondent Nos.1, 2 and 4 to notify separate vacancies for transgender persons in all advertisements issued for recruitment to teaching positions in schools administered by Respondent No. 2 with immediate effect; b. Issue an appropriate writ, order or direction to Respondent Nos.1, 2 and 4 to adopt necessary relaxations in minimum qualifications and age for the vacancies to be issued for transgender persons; c. Issue an appropriate writ, order or direction to Respondent Nos.1, and 4 to frame a policy for the recruitment of transgender persons in all appointments for the Government of NCT of Delhi; d. Issue an appropriate writ, order or direction to the Respondent Nos. 1, 2 and 4 to grant relaxations to transgender persons in accordance with Clause 9 of the TET Guidelines issued by NCTE; e. Issue an appropriate writ, order or direction to Respondent Nos.1 to implement the provisions of the Transgender Persons (Protection of Rights) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 13:11:37 Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020 in the territory of NCT of Delhi; f. Issue an appropriate writ, order or direction to the Respondent Nos. 2. and 4 to consider the Petitioner's application for any vacancy to a teaching position notified or due to be notified as a one-time measure; g. Issue an appropriate writ, order or direction to the Respondent No. 4 to permit the Petitioner to amend her registration details, to reflect her legal gender and name on the OARS; h. Issue a writ, order or direction to the Respondents to extend reservation to transgender persons in all public appointments in the NCT of Delhi; and i. Pass such further and other orders as the Court may deem fit in the interest of justice and in the facts and circumstances of the present case.” W.P.(C) 14880/2025 “A. Quash and set aside Advertisement No. 03/2025, issued by Resp. No. 2, on behalf of Resp. No. 1, to the extent that it does not make any provisions for transgender persons; B. Direct the Respondents to incorporate Court Attendant posts specifically reserved for transgender persons, in Advertisement No. 03/2025; C. Direct the Respondents to grant relaxation in upper age limit, to the Petitioner, as has been granted to at least Persons with Disabilities (UR/EWS); D. Direct the Respondents to take on record the Petitioner’s application, for the post of Court Attendant, in Advertisement No. 03/2025; E. Pass any other and further orders as may be deemed fit and proper in the interest of justice.” 2. The petitions raise an important issue in respect of recognition of transgender persons and their rights for employment and recruitment in government departments. 3. At the outset, it would be relevant to note a few pronouncements of the Hon’ble Supreme Court which clearly recognize the rights of transgender persons and crystalise the issues raised in the present petitions. In National Legal Services Authority vs. Union of India & Ors.: (2014) 5 SCC 438, the Hon’ble Supreme Court recognized transgender people as the “Third Gender”, upholding their fundamental rights to equality and dignity. Further, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 13:11:37 the Hon’ble Supreme Court had, inter alia, directed the Centre and the State Governments to take steps to treat transgender people as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments. The Hon’ble Supreme Court had also directed for operation of separate HIV Sero-surveillance Centres, separate public toilets, access to medical facilities and framing of welfare schemes by Union and state governments. 4. In furtherance of the judgement in NALSA (supra), the Transgender Persons (Protection of Rights) Act, 2019 alongwith the Transgender Persons (Protection of Rights) Rules, 2020 were enacted with a view to provide a legal framework for the recognition and protection of the rights of transgender people in India and to promote equal opportunities in education and employment for them. 5. More recently, the Hon’ble Supreme Court in Jane Kaushik vs. Union of India & Ors.: 2025 SCC OnLine SC 2257 has reiterated the principles laid down in NALSA (supra) with regard to the rights of transgender people. The shortcomings in the implementation of both, the 2019 Act and the 2020 Rules by the Union and well as the State governments were also taken note of and accordingly, the Hon’ble Supreme Court directed for setting up of an eight-member Advisory Committee headed by the former Delhi High Court judge – Justice Asha Menon (Rtd.). The Hon’ble Supreme Court directed that the Committee would consult the stakeholders and formulate a policy draft or report for the Union’s consideration, to give effect to the provisions of the 2019 Act. In particular, the Committee is tasked with formulating a viable and comprehensive Equal Opportunity Policy (EOP) for the transgender community in the arenas of employment and education. The Committee has been asked to suggest suitable measures to accommodate transgender persons reasonably in public spaces and workplaces, without them being forced to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 13:11:37 keep their identity a secret or reveal their identity, violating their right to privacy. The Hon’ble Supreme Court further directed the Union to frame its own Equal Opportunity Policy (EOP) within three months of receiving the report and/or policy draft from the Advisory Committee. The Hon’ble Supreme Court has kept the matter pending and posted it after 6 months for compliance. 6. Particularly, the Hon’ble Supreme Court in para 207 of the judgement in Jane Kaushik (supra) has permitted the Advisory Committee constituted by it to consider even such issues and suggestions which may be beyond the issues referred by the Hon’ble Supreme Court. It is significant to note that the Hon’ble Supreme Court has also permitted all stakeholders which, in our humble view, would also include transgender persons, to represent their grievances before the Committee, which would take a holistic view and give its well considered recommendations to the government. 7. In that view of the matter and having regard to the fact that the Hon’ble Supreme Court is in seisin of the case, it would be apposite and more appropriate to grant liberty to the petitioners to approach the said Advisory Committee as and when constituted for redressal of their grievances. This opinion aligns itself with the principle of avoidance of plurality of litigations. 8. Accordingly, the present writ petitions are disposed of with aforesaid observations, alongwith pending applications. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J DECEMBER 18, 2025/rl