The Karnataka government on Tuesday informed the state High Court that it has made the required provision to provide transgender persons with one percent reservation in government employment, Karnataka being the first State to do so in the India.
A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj were informed that the amendments have been made to the Karnataka Civil Services General Recruitment (Rules), 1977 in order to leaglise the reservation.
“We have perused the amendments made by the State government to Karnataka Civil Services General Recruitment (Rules), 1977 by the Karnataka Civil Services Recruitment Amendment (Rules), 2021 by incorporating sub rule 1 (D) in rule 9. Clause 1 D provides for one percent horizontal reservation for transgenders,” the Court recorded in its order.
The Division Bench was further informed by the counsel appearing for the Central government that the National Commission for Backward Classes (NCBC) has submitted a report recommending reservation for transgender persons and accordingly, directions were issued to the State government in this regard.
The Court was hearing a plea seeking horizontal reservation for transgender persons in public employment.
The Government on monday put forward a proposal to reserve 1% of the vacanicies in any service or post in all categories of employment to be filled up via direct recruitment process, the Hindu reported.
The draft notification mentioned the need to provide a seperate column of ‘others’ along with male and female in the application forms of recruitment to any category of Group A, B, C or D in order to allow transgender persons to avail the reservation. However, incase of insufficient eligible transgender persons, the vacancies should be filled by male or female candiates belonging to the same category.
Senior Advocate Jayna Kothari appearing for the intervenor, Jeeva, an association for transgender persons, told the Court that an application would be made for issuing notices to other public authorities in the State so that directions can be issued to them to provide reservation in employment for transgender persons.