Karnataka Govt Gives Reservation To Transgender Persons In State Service

In a memo filed before the Karnataka High Court, the State government informed that Department of Personnel and Administrative Reforms has taken steps to amend the Karnataka Civil Services (General Recruitment) rules, 1977.

It is proposed to amend Rule 9, sub rule (1) (d) by issuing a notification dated May 13. Further, the memo reads that it has not received any objections to the proposed amendment to rule 9. Hence, the state government would not issue final notification in so far as Rule 9, despite completion of the 15-days time provided in the notification.

The state government has also proposed an amendment to rule 16 of the said rules and the said amendment is also notified in the same notification dated May 13. Objections for rule 16 are under consideration once an appropriate decision is taken the state government would issue final notification.

The proposed amendment reads thus:

Amendment of Rule 9.- In sub-rule (1) of the rule 9 of the said rules after clause (IC) the following shall be inserted namely :

"(ID) Notwithstanding anything contained in the rules of recruitment specially made in respect of any service or post, in all direct recruitment one percentage of vacancies set apart for that method in each of the categories of General Merit, Scheduled Castes, Scheduled Tribes and in each of the categories among Other Backward Classes shall, subject to any general instructions that may be issued by the Government regarding the manner of appointment, be filled from among transgender candidates:

Provided that, every Appointing Authority shall provide a separate column of "Others" along with male gender and female gender in the application for recruitment to any category of Group-A, B, C or D posts for the convenience of transgender persons. The Recruitment Authority or the Appointing Authority shall not discriminate a transgender person while making selection of appointment to any category of post.

Provided further that, if sufficient number of eligible transgender persons are not available, to the extent of one percent, the unfilled vacancies shall be filled by male or female candidates, as the case may be, belonging to the same category.

Explanation For the purpose of this sub-rule a Transgender Person shall have the same meaning as defined in Clause (k) of Section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (Central Act 40 of 2019)."

The memo was filed by the government during the hearing of a petition filed by Sangama, a society working for the upliftment of sexual minorities, sex workers and people living with HIV.

The petitioners relied on the judgment of the apex court in the case of NALSA vs Union of India, (2014) SSC 438, to argue that the state in its appointment notification calls for filling up of the vacancies, specifies only 'Men' and 'Women' as the genders which can apply for the vacancies. Throughout the impugned notification the age, weight, and other specifications are given pertaining separately only to 'Men' and 'Women', in total disregard of the 'Third Gender'.

The plea states that "The Hon'ble Supreme Court had recognised the legal rights of the third gender persons and held that they were fully entitled to Fundamental Rights under the Constitution and under International law."

The impugned notification shows that the same is in contravention of rights of Transgender persons and the same affects the Constitutional and Fundamental Rights of the Transgender persons under Article 14, 19 & 21 of the Constitution of India.

Recruitment is to be done for filling up vacancies of a total of 2672 posts including 2420 vacancies to the post of Special Reserve Constable Force and 252 Bandsmen posts is to be done.

The plea prays for directions to the state government to include a separate category for transgender persons for the post of Special Reserve Constable Force as well as Bandsmen, and consider all the applications by the transgender at par with other two gender categories. Also direct the state government to frame a scheme for reservation for the transgender community in the recruitment to post of Special Reserve Constable Force as well as Bandsmen.