The Petition was filed challenging the Notification No. E(2) 7271/2018-19/PSC dated 11.02.2019 (hereinafter the Impugned Notification) calling for applications from eligible candidates to fill up posts of First Division Assistant (FDA) and posts of Second Division Assistant (SDA) of the Bangalore City Civil Court and the different District and Sessions Courts across the State, issued by the Respondent No. 1, seeking that separate reservations be provided for transgender persons.
This Public Interest Litigation filed by Grace Banu, a transgender rights activist, seeks the implementation of horizontal reservations for transgender and intersex persons in admission into educational institutions and public appointment in the State of Tamil Nadu.
The Rights of Transgender Persons Bill, 2014 [“2014 Bill”] was passed as the first private member Bill in four decades in April 2015. Subsequently, the Transgender Persons (Protection of Rights) Bill, 2018 [“2018 Bill”] was passed on 17 December 2018 despite fervent objections from the transgender community regarding its problematic provisions. The 2018 Bill, which is currently before the Rajya Sabha, is a volte face on the rights that were guaranteed in the 2014 Bill.
On 21 December 2018, CLPR released its policy brief ‘Making Rights Real: Implementing Reservations for Transgender and Intersex Persons’ at the Bangalore International Centre. The policy brief was released by Hon’ble Mr. Justice L Narayana Swamy of the Karnataka High Court.
Centre for Law and Policy Research organised a consultation to discuss policy brief on reservation for transgender persons in employment and education, as directed by NALSA. It also discussed preliminary findings of a research on caste discrimination CLPR worked on.
In January 2018, the present Public Interest Litigation was brought under the Rights of Persons with Disabilities Act, 2016 (“RPD Act”) challenging the actions of the Respondent No. 1 in the appointment of LPG distributors vide Notification dated 17.08.2018. In its call for the selection of 238 LPG distributors in various districts of Karnataka, the Respondent No. 1 failed to reserve 5% of the distributorships, amounting to 11 spots, for persons with disabilities as mandated under section 37 of the RPD Act. Instead, only 6 positions were reserved which was less than even 3% of 238 distributorships.
This petition challenges the recruitment process of Karnataka Public Services Commission (Respondent No. 1) for the post of Inspector of Motor Vehicles and the provisional list of candidates released on 30.06.2017 selected for the said post, released by Respondent No. 1. The Petitioners are persons with hearing impairments who wished to apply for the said post.