Reservations for Transgenders are ‘mere facade and an eyewash’: Rajasthan HC

File Photo


The Rajasthan High Court, expressing dissatisfaction over provision of reservations for transgender aspirants in selection and/or appointment in educational institutions or for the state government posts, directed the government to give weightage of 3 per cent marks to all the transgender aspirants in selection or appointment.

A division bench of the High Court comprising Justices Arun Monga and Yogendra Kumar Purohit, while hearing a petition filed by Ganga Kumari, a trans-woman, held that reservations to aspirants of the referred category in present classification was a “mere facade and an eyewash”.

Since the transgenders are currently categorised as the OBCs in the state under the prevalent classification, SC, ST, and other socio-economic categories get no real reservation.

The petitioner, who works in the Rajasthan Police, also sought directions from the court for horizontal reservations for transgender community (in SC, ST, and other categories) in public education and employment.

The bench also directed the state to form a committee to look into complexities and some aspects that might crop up in considering the issue of horizontal quota in all categories. It also made certain observations against the Transgender Persons (Protection of Rights) Amendment Bill, 2026 that the bench held may take away the right to gender self-identification and other aspects of “personhood” recognised by the Supreme Court.