Supreme Court Allows Transwoman To Apply As Transgender For Delhi Teaching Posts Regardless Of Gender Notified For Vacancy

The Supreme Court recently came to the aid of a transgender person, who has been filing repeated petitions seeking protection of her employment rights, by allowing her, as an interim measure, to apply as a transgender person to teaching posts advertised by the Delhi Government regardless of the gender mentioned against a particular vacancy.A bench of Justice JB Pardiwala and Justice KV Viswanathan was hearing a petition filed by Jane Kaushik, who was aggrieved by the Delhi Directorate of Education and the Delhi Subordinate Services Selection Board (DSSSB) notifying teachers' posts only in either male or female categories. She has registered as a 'transgender person' in the DSSSB's online Academic Registration System (OARS) portal.She approached the Supreme Court after the Delhi High Court disposed of her petition asking her to approach the Advisory Committee constituted by the Supreme Court in 2025, in another petition filed by Jane Kaushik herself.Issuing notice to the Delhi authorities on the petition, the Supreme Court observed that Delhi High Court erred in relegating her to the Advisory Committee, as it does not have adjudicatory powersKaushik had in 2023 filed a writ petition in the Supreme Court after she was dismissed from two schools on account of her gender identity.In 2025, a bench led by Justice Pardiwala had delivered a significant judgment in Jane Kaushik's earlier case, while awarding her compensation since her services as a teacher were terminated by two private schools, one in Uttar Pradesh and another in Gujarat, within a year, on the ground of her gender identity.The Court had noted that not only the institutions, but the respective States as well, failed to comply with the provisions of the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020. Through their omission, the States and the respective ministries committed omissive discrimination.The Court had also constituted a Committee to be headed by Justice Asha Menon, retired judge of the Delhi High Court, to formulate an equal opportunity policy for the protection of the rights of transgender persons.Notably, Jane Kaushik's plea before the High Court sought inter-alia - (i) notifications for separate vacancies for transgender persons in teaching positions in schools, (ii) necessary relaxations in minimum qualifications and age for transgender persons in teaching positions in schools, (iii) framing of a policy for recruitment of transgender persons in all appointments for the Government of NCT of Delhi, (iv) implementation of the TPPR Act and TPPR Rules in GNCTD etc.In December, 2025, the High Court disposed of her plea, asking her to approach the Advisory Committee constituted by the Supreme Court, to avoid plurality of litigations. Aggrieved, she approached the Supreme Court.By the present order, the top Court issued notice on Jane Kaushik's plea and granted her interim relief. It also noted that the Advisory Committee is in the process of working on the aspects falling within its remit, including formulation of a model policy on equal opportunity in employment and education."Even during the pendency of the writ petition before the Delhi High Court, the petitioner was permitted to apply under the category of transgender for the vacancies ignoring the gender mentioned qua the said vacancy. We pass the very same order and grant the very same relief," the Court orderedAppearance: Ms. Amritananda Chakravorty, Adv., Ms. Shreya Munoth, AOR, Ms. Asawari Sodhi, Adv. and Ms. Tavleen Kaur Saluja, Adv. (for petitioner)Case Title: JANE KAUSHIK v. LIEUTENANT GOVERNOR, NCT OF DELHI & ORS., SLP(C) No.12480/2026Click here to read order

Supreme Court Allows Transwoman To Apply As Transgender For Delhi Teaching Posts Regardless Of Gender Notified For Vacancy

Debby Jain

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